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C L A S S A C T I O N R E P O R T E R
Thursday, January 25, 2024, Vol. 26, No. 19
Headlines
3M COMPANY: Horton Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Houlehan Sues Over Exposure to Toxic Aqueous Foams
3M COMPANY: Jett Sues Over Exposure to Toxic Foams & Chemicals
3M COMPANY: Lowe Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Lynch Sues Over Exposure to Toxic Foams & Chemicals
AGUILAR AMPLIFICATION: Crumwell Files ADA Suit in S.D. New York
AMAZON.COM SERVICES: Turner Suit Removed From Sup. Ct. to C.D. Cal.
ASICS AMERICA: Calcagno Suit Removed From Sup. Ct. to S.D. Cal.
ASTORIA WINE: Colak Files ADA Suit in E.D. New York
AT WORLD: Tuccori Suit Removed From Circuit Ct. to N.D. Ill.
BANK OF AMERICA: March 11 Class Action Opt-Out Deadline Set
BELLINGHAM MARINE: Fuentes Suit Removed from Sup. Ct. to C.D. Cal.
BROOKDALE EMPLOYEE: Fails to Pay Minimum & OT Wages, Torossian Says
CITRIX SYSTEMS: Fails to Prevent Data Breach, Birnie Alleges
COMPLETE SOLARIA: Edelman Sues Over Undisclosed Price Adjustments
COMPLETECARE HEALTH: Bixler Files ADA Suit in D. New Jersey
DOT TRANSPORTATION: Hoffman Suit Removed from Sup. Ct. to E.D. Cal.
EL TRI MX: Ramirez Seeks to Recover Unpaid OT Wages
FAMILY DELI: Fails to Pay Guards' Minimum, OT Wages Under FLSA
GOOGLE LLC: Court OK's Class Certification Bid in Rodriguez Suit
GUARDIAN ANALYTICS: Class Settlement in Holden Gets Initial Nod
HAL'S BEVERAGE: Ozuzu Sues Over Mislabeled Snack Products
HEALTHEC LLC: Bishop Files Suit in D. New Jersey
HEALTHEC LLC: Khirfan Files Suit in D. New Jersey
HENKEL CORPORATION: Fellin Suit Removed to E.D. Missouri
HENKEL CORPORATION: Guerrero Suit Removed to E.D. Missouri
HERBIVORE BOTANICALS: Senior Files ADA Suit in S.D. New York
HERC RENTALS INC: Ramirez Files Suit in Cal. Super. Ct.
HESTER & COOK DESIGN: Danso Files ADA Suit in S.D. New York
HJ DISTRIBUTION: Colak Files ADA Suit in E.D. New York
HOLLIS COBB: Jackson Files FDCPA Suit in N.D. Georgia
HOME POINT: $5-Million Class Settlement to be Heard on May 14
IANTHUS CAPITAL: $2.9MM Class Settlement to be Heard on April 10
INTERNATIONAL STAR: Sanchez Files TCPA Suit in S.D. Florida
JACK HENRY INC: Bullock Files ADA Suit in S.D. New York
JAN RESOURCES: Fails to Pay Proper Wages, Castillo Alleges
KAREN TAPPER: Brooks Sues to Recover Unpaid Overtime Wages
KIMCO STAFFING: Peralta Sues Over Cybersecurity Breach
KIN INC: Court Directs Filing of Discovery Plan in Horn Suit
LITTLE CAESAR: Class Certification Bid Due March 18 in Horner Suit
LUCKY BEVERAGE CO: Bullock Files ADA Suit in S.D. New York
LUMICO LIFE: Griffith-Sullivan Suit Transferred to D. Massachusetts
LUMICO LIFE: Oneal Suit Transferred to D. Massachusetts
MACALESTER COLLEGE: Senior Files ADA Suit in S.D. New York
METZ CULINARY: Ubry Sues Over Failure to Pay All Earned Wages
MICHAEL ARAM RETAIL: Hardiman Files TCPA Suit in S.D. Florida
MISS KITTY'S: Must File Class Cert Opposition by Feb. 24
MR COOPER: Hughes Suit Transferred to N.D. Texas
MUBI INC: Edwards Files Suit in Cal. Super. Ct.
MUSEUM OF SEX: Ruiz Sues Over Unlawful Service Charge
NATIONSTAR FINANCIAL: Watson Files Suit in N.D. Texas
NATIONSTAR MORTGAGE: Schwartz Files Suit in N.D. Texas
NAVVIS & COMPANY: McCreary Files Suit in E.D. Missouri
NAVY FEDERAL CREDIT: Tanner Files TCPA Suit in S.D. Florida
NORTHWELL HEALTH: K.M. Suit Transferred to E.D. New York
O'NEIL DIGITAL: Fails to Pay Minimum & OT Wages, Johnson Alleges
OCCIDENTAL COLLEGE: Senior Files ADA Suit in S.D. New York
PARAMOUNT COIN: Mahoney Files ADA Suit in S.D. Florida
PARCHED HOSPITALITY: Hernandez Files ADA Suit in E.D. New York
PAULA LEDUC INC: Booker Files Suit in Cal. Super. Ct.
PERFORMANCE DESIGNED: Senior Files ADA Suit in S.D. New York
PERRY JOHNSON: Slotchiver Files Suit in D. South Carolina
PORTFOLIO RECOVERY: Faces Tipoo Suit Over Telephonic Sale Calls
PORTFOLIO RECOVERY: Tipoo Class Suit Transferred to E.D.N.Y.
POSTMEDS INC: Cohen Suit Transferred to N.D. California
PRIME CEREAL: Fails to Pay Car Wash Attendant's OT Wages Under FLSA
PROGRESS SOFTWARE: Fails to Prevent Data Breach, Duffy Alleges
PUBLIX SUPER MARKETS: Rampalli Suit Transferred to E.D. New York
QUALITY FURNITURE: Penaloza Files Suit in Cal. Super. Ct.
QUICK GRAB: Shakur Sues Over Unpaid Minimum, Overtime Wages
RAH INDUSTRIES: Regalado Suit Seeks to Recover Minimum & OT Wages
RESTEK CORP: Fails to Protect Personal Info, Retorick Suit Alleges
RETINA GROUP: Vance Sues Over Failure to Safeguard PII and PHI
ROCK AND ROLL: Slade Files ADA Suit in S.D. New York
SAM'S WEST: Sanchez Seeks to Certify Rule 23 Classes & Subclass
SDH SERVICES: Fails to Pay Floor Technicians' Minimum & OT Wages
SECOND AVENUE: Rahaman Sues Over Unpaid Overtime Wages
SHERWIN K. PARIKH: Erkan Files ADA Suit in E.D. New York
SPARK DRIVER: Reed Sues Over Failure to Pay Wages
SPECSEATS INTL: Senior Files ADA Suit in S.D. New York
STATE FARM: Court Directs Filing of Discovery Plan in Brown Suit
SWEETGREEN INC: Colak Files ADA Suit in E.D. New York
TRANS UNION: Faces Ahmed Suit Over Alleged FCRA Violations
UMPQUA BANK: Elizondo Suit Transferred to D. Massachusetts
US BORAX INC: Hollifield Suit Removed to C.D. California
WALDORF-ASTORIA MANAGEMENT: Amaro Labor Suit Removed to C.D. Cal.
WELLCARE INTERNATIONAL: Fails to Pay Drivers' OT Wages Under FLSA
WHITE FIR HOLDINGS: Ellison Files Suit in Cal. Super. Ct.
WILLIAM ALBRECHT: Gilbert Sues Over Breach of Fiduciary Duty
WIS INTERNATIONAL: Samuels Files Suit in Cal. Super. Ct.
WRIGHT TREE SERVICE: Morales Suit Removed to N.D. California
*********
3M COMPANY: Horton Sues Over Exposure to Toxic Chemicals & Foams
----------------------------------------------------------------
Edward Horton, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota) Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA
U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS, INC.; DU
PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION;
E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE
PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY
PRODUCTS USA, INC.; KIDDE FENWAL, INC.; KIDDE P.L.C.; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO.,
INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.;
STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as successor-in-interest
to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix Inc.);
W.L. GORE & ASSOCIATES INC.; Case No. 2:23-cv-06502-RMG (D.S.C.,
Dec. 13, 2023), is brought for damages stemming from personal
injury resulting from exposure to aqueous film-forming foams
("AFFF") and firefighter turnout gear ("TOG") containing the toxic
chemicals collectively known as per and polyfluoroalkyl substances
("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic
acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and
related chemicals including those that degrade to PFOA and/or
PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional PFAS.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF and or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to it where
it remains and persists over extended periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remains
in the human body while contemporaneously presenting significant
health risks to humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF or TOG products and relied on
the Defendants' instructions as to the proper handling of the
products. Plaintiff's consumption, inhalation and/or dermal
absorption of PFAS from Defendant's AFFF or TOG products caused
Plaintiff to develop the serious medical conditions and
complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at several Fire Departments and or Military
bases during Plaintiff's training and firefighting activities.
Plaintiff further seeks injunctive, equitable, and declaratory
relief arising from the same, says the complaint.
The Plaintiff was regularly exposed to AFFF and TOG in training and
to extinguish fires during their military/civilian firefighting
career and was diagnosed with Prostate Cancer as a direct result of
exposure to Defendants' products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and sellers of
PFAS containing AFFF products or underlying PFAS containing
chemicals used in AFFF production.[BN]
The Plaintiff is represented by:
J. Edward Bell, III, Esq.
Randolph L. Lee, Esq.
Gabrielle A. Sulpizio, Esq.
BELL LEGAL GROUP, LLC
219 N. Ridge Street
Georgetown, SC 29440
Phone: (843) 546-2408
Fax: (843) 546-9604
Email: jeb@belllegalgroup.com
rlee@belllegalgroup.com
gsulpizio@belllegalgroup.com
- and -
John E. Lichtenstein, Esq.
LICHTENSTEIN LAW GROUP PLC
347 Highland Avenue,
Roanoke, VA 24016
Phone: (540)343-9711
Email: John.lichtenstein@lichtensteinlawgroup.com
3M COMPANY: Houlehan Sues Over Exposure to Toxic Aqueous Foams
--------------------------------------------------------------
James S. Houlehan, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota) Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA
U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS, INC.; DU
PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION;
E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE
PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY
PRODUCTS USA, INC.; KIDDE FENWAL, INC.; KIDDE P.L.C.; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO.,
INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.;
STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as successor-in-interest
to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix Inc.);
W.L. GORE & ASSOCIATES INC.; Case No. 2:23-cv-06512-RMG (D.S.C.,
Dec. 13, 2023), is brought for damages stemming from personal
injury resulting from exposure to aqueous film-forming foams
("AFFF") and firefighter turnout gear ("TOG") containing the toxic
chemicals collectively known as per and polyfluoroalkyl substances
("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic
acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and
related chemicals including those that degrade to PFOA and/or
PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional PFAS.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF and or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to it where
it remains and persists over extended periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remains
in the human body while contemporaneously presenting significant
health risks to humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF or TOG products and relied on
the Defendants' instructions as to the proper handling of the
products. Plaintiff's consumption, inhalation and/or dermal
absorption of PFAS from Defendant's AFFF or TOG products caused
Plaintiff to develop the serious medical conditions and
complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at several Fire Departments and or Military
bases during Plaintiff's training and firefighting activities.
Plaintiff further seeks injunctive, equitable, and declaratory
relief arising from the same, says the complaint.
The Plaintiff was regularly exposed to AFFF and TOG in training and
to extinguish fires during their military/civilian firefighting
career and was diagnosed with Bladder Cancer as a direct result of
exposure to Defendants' products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and sellers of
PFAS containing AFFF products or underlying PFAS containing
chemicals used in AFFF production.[BN]
The Plaintiff is represented by:
J. Edward Bell, III, Esq.
Randolph L. Lee, Esq.
Gabrielle A. Sulpizio, Esq.
BELL LEGAL GROUP, LLC
219 N. Ridge Street
Georgetown, SC 29440
Phone: (843) 546-2408
Fax: (843) 546-9604
Email: jeb@belllegalgroup.com
rlee@belllegalgroup.com
gsulpizio@belllegalgroup.com
- and -
John E. Lichtenstein, Esq.
LICHTENSTEIN LAW GROUP PLC
347 Highland Avenue,
Roanoke, VA 24016
Phone: (540)343-9711
Email: John.lichtenstein@lichtensteinlawgroup.com
3M COMPANY: Jett Sues Over Exposure to Toxic Foams & Chemicals
--------------------------------------------------------------
Michael Jett, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), WILLFIRE HC
LLC, d/b/a WILLLIAMS FIRE & HAZARD CONTROL, Case No.
2:23-cv-06082-RMG (D.S.C., Nov. 28, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and to extinguish fires during his working career
as a military and/or civilian firefighter and was diagnosed with
thyroid disease as a result of exposure to Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Scott M. Hendler, Esq.
HENDLER FLORES LAW, PLLC
901 S. MoPac Expressway
Bldg. 1, Ste 300
Austin, TX 78746
Phone: (512) 439-3202
Fax: (512) 439-3201
Email: shendler@hendlerlaw.com
3M COMPANY: Lowe Sues Over Exposure to Toxic Chemicals & Foams
--------------------------------------------------------------
Jay R. Lowe, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota) Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA
U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS, INC.; DU
PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION;
E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE
PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY
PRODUCTS USA, INC.; KIDDE FENWAL, INC.; KIDDE P.L.C.; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO.,
INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.;
STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as successor-in-interest
to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix Inc.);
W.L. GORE & ASSOCIATES INC.; Case No. 2:23-cv-06513-RMG (D.S.C.,
Dec. 13, 2023), is brought for damages stemming from personal
injury resulting from exposure to aqueous film-forming foams
("AFFF") and firefighter turnout gear ("TOG") containing the toxic
chemicals collectively known as per and polyfluoroalkyl substances
("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic
acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and
related chemicals including those that degrade to PFOA and/or
PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional PFAS.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF and or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to it where
it remains and persists over extended periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remains
in the human body while contemporaneously presenting significant
health risks to humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF or TOG products and relied on
the Defendants' instructions as to the proper handling of the
products. Plaintiff's consumption, inhalation and/or dermal
absorption of PFAS from Defendant's AFFF or TOG products caused
Plaintiff to develop the serious medical conditions and
complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at several Fire Departments and or Military
bases during Plaintiff's training and firefighting activities.
Plaintiff further seeks injunctive, equitable, and declaratory
relief arising from the same, says the complaint.
The Plaintiff was regularly exposed to AFFF and TOG in training and
to extinguish fires during their military/civilian firefighting
career and was diagnosed with Bladder Cancer as a direct result of
exposure to Defendants' products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and sellers of
PFAS containing AFFF products or underlying PFAS containing
chemicals used in AFFF production.[BN]
The Plaintiff is represented by:
J. Edward Bell, III, Esq.
Randolph L. Lee, Esq.
Gabrielle A. Sulpizio, Esq.
BELL LEGAL GROUP, LLC
219 N. Ridge Street
Georgetown, SC 29440
Phone: (843) 546-2408
Fax: (843) 546-9604
Email: jeb@belllegalgroup.com
rlee@belllegalgroup.com
gsulpizio@belllegalgroup.com
- and -
John E. Lichtenstein, Esq.
LICHTENSTEIN LAW GROUP PLC
347 Highland Avenue,
Roanoke, VA 24016
Phone: (540)343-9711
Email: John.lichtenstein@lichtensteinlawgroup.com
3M COMPANY: Lynch Sues Over Exposure to Toxic Foams & Chemicals
---------------------------------------------------------------
Cardwell Lynch, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota) Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA
U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT
COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS, INC.; DU
PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION;
E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE
PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY
PRODUCTS USA, INC.; KIDDE FENWAL, INC.; KIDDE P.L.C.; LION GROUP,
INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO.,
INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.;
STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as successor-in-interest
to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE &
SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix Inc.);
W.L. GORE & ASSOCIATES INC.; Case No. 2:23-cv-06487-RMG (D.S.C.,
Dec. 13, 2023), is brought for damages stemming from personal
injury resulting from exposure to aqueous film-forming foams
("AFFF") and firefighter turnout gear ("TOG") containing the toxic
chemicals collectively known as per and polyfluoroalkyl substances
("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic
acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and
related chemicals including those that degrade to PFOA and/or
PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional PFAS.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF and or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to it where
it remains and persists over extended periods of time. Due to their
unique chemical structure, PFAS accumulates in the blood and body
of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remains
in the human body while contemporaneously presenting significant
health risks to humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF or TOG products and relied on
the Defendants' instructions as to the proper handling of the
products. Plaintiff's consumption, inhalation and/or dermal
absorption of PFAS from Defendant's AFFF or TOG products caused
Plaintiff to develop the serious medical conditions and
complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at several Fire Departments and or Military
bases during Plaintiff's training and firefighting activities.
Plaintiff further seeks injunctive, equitable, and declaratory
relief arising from the same, says the complaint.
The Plaintiff was regularly exposed to AFFF and TOG in training and
to extinguish fires during their military/civilian firefighting
career and was diagnosed with Prostate Cancer as a direct result of
exposure to Defendants' products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and sellers of
PFAS containing AFFF products or underlying PFAS containing
chemicals used in AFFF production.[BN]
The Plaintiff is represented by:
J. Edward Bell, III, Esq.
Randolph L. Lee, Esq.
Gabrielle A. Sulpizio, Esq.
BELL LEGAL GROUP, LLC
219 N. Ridge Street
Georgetown, SC 29440
Phone: (843) 546-2408
Fax: (843) 546-9604
Email: jeb@belllegalgroup.com
rlee@belllegalgroup.com
gsulpizio@belllegalgroup.com
- and -
John E. Lichtenstein, Esq.
LICHTENSTEIN LAW GROUP PLC
347 Highland Avenue,
Roanoke, VA 24016
Phone: (540)343-9711
Email: John.lichtenstein@lichtensteinlawgroup.com
AGUILAR AMPLIFICATION: Crumwell Files ADA Suit in S.D. New York
---------------------------------------------------------------
A class action lawsuit has been filed against Aguilar Amplification
LLC. The case is styled as Denise Crumwell, on behalf of herself
and all other persons similarly situated v. Aguilar Amplification
LLC, Case No. 1:24-cv-00181 (S.D.N.Y., Jan. 10, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Aguilar Amplification -- https://www.aguilaramp.com/ -- is a
leading manufacturer of high-quality bass amplifiers, cabinets, and
pedals.[BN]
The Plaintiff is represented by:
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: danalgottlieb@aol.com
AMAZON.COM SERVICES: Turner Suit Removed From Sup. Ct. to C.D. Cal.
-------------------------------------------------------------------
The class action lawsuit captioned as ZALEKA TURNER, on behalf of
herself and all others similarly situated v. AMAZON.COM SERVICES
LLC, Case No. 23STCV28084 (Filed Nov. 15, 2023), was removed from
the Los Angeles County Superior Court of the State of California to
the United States District Court for the Central District of
California on Jan. 5, 2024.
The Central California District Court Clerk assigned Case No.
2:24-cv-00132 to the proceeding.
The suit alleges failure to pay overtime wages, failure to pay
wages on termination, and failure to timely pay wages.
The Plaintiff's proposed classes consist of "all individuals who
have worked as Area Managers for Amazon throughout California
within the applicable statute of limitations."
Amazon.com provides e-commerce services. The Company retails books,
diamond jewelry, electronics, appliances, apparels, and
accessories.[BN]
The Defendant is represented by:
Megan Cooney, Esq.
Jessica M. Pearigen, Esq.
Jordan E. Johnson, Esq.
GIBSON, DUNN & CRUTCHER LLP
3161 Michelson Drive
Irvine, CA 92612-4412
Telephone: (949) 451-3800
Facsimile: (949) 451-4220
E-mail: MCooney@gibsondunn.com
JPearigen@gibsondunn.com
JJohnson@gibsondunn.com
ASICS AMERICA: Calcagno Suit Removed From Sup. Ct. to S.D. Cal.
---------------------------------------------------------------
The class action lawsuit captioned as CHRISTINA CALCAGNO, on behalf
of herself and all others similarly situated v. ASICS America
Corporation, a California corporation, and DOES 1-50, inclusive,
Case No. 37-2023-00053041-CU-BT-CTL (Filed Dec. 7, 2023), was
removed from the Superior Court of California, County of San Diego,
to the United State District Court for the Southern District of
California on Jan. 5, 2024.
The Southern California District Court Clerk assigned Case No.
3:24-cv-00048-JES-BGS to the proceeding.
The suit involves products purchased from ASICS outlet stores in
California that allegedly had false or misleading discount
pricing.
The Plaintiff seeks to represent a putative class of "all persons,
within the State of California, who…purchased from an Asics
Outlet store one or more products at discounts from an advertised
reference price and who have not received a refund or credit for
their purchase(s)."
The Complaint's putative class contains class members who are not
citizens of California.
ASICS America manufactures footwear products.[BN]
The Defendants are represented by:
P. Craig Cardon, Esq.
Benjamin O. Aigboboh, Esq.
Alyssa Sones, Esq.
Chloe G. Chung, Esq.
SHEPPARD MULLIN RICHTER & HAMPTON LLP
1901 Avenue of the Stars, Suite 1600
Los Angeles, CA 90067-6055
Telephone: (310) 228-3700
Facsimile: (310) 228-3701
E-mail: ccardon@sheppardmullin.com
baigboboh@sheppardmullin.com
asones@sheppardmullin.com
cchung@sheppardmullin.com
ASTORIA WINE: Colak Files ADA Suit in E.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Astoria Wine, Inc.
The case is styled as Ali Colak, on behalf of himself and all
others similarly situated v. Astoria Wine, Inc., Case No.
2:24-cv-00200 (E.D.N.Y., Jan. 10, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Astoria Wine Group, Inc. -- https://www.astoriawines.com/ -- is a
California-based brokerage of premium wines, selling to the finest
wine shops and restaurants throughout the state.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
AT WORLD: Tuccori Suit Removed From Circuit Ct. to N.D. Ill.
------------------------------------------------------------
The class action lawsuit captioned as JAMES TUCCORI v. AT WORLD
PROPERTIES, LLC, Case No. 2023CH09928 (Filed Dec. 8, 2023), was
removed from the Circuit Court of Cook County, Illinois, to the
United States District Court for the Northern District of Illinois
on Jan. 5, 2024.
The Northern Illinois District Court Clerk assigned Case No.
1:24-cv-00150 to the proceeding.
The suit alleges violation of the Sherman Act, 15 U.S.C. Section 1.
Mr. Tuccori purchased a home using a buyer-agent affiliated with At
World and that home was listed on a Multiple Listing Service. Mr.
Tuccori alleges that he paid a higher price for his home as a
result of anticompetitive conspiracy involving over a million real
estate agents, thousands of brokerages, and various other entities,
including @properties.
Mr. Tuccori seeks to represent a putative class defined as
Nationwide Class: All persons who, from March 17, 2000 through the
present, purchased in the United States
residential real estate listed on a NAR MLS in a
transaction with a buyer-agent and/or seller-
agent employed by or otherwise affiliated with
Defendant or any of its franchisees,
subsidiaries, agencies or otherwise affiliated
entities.
Illinois Subclass: All persons who, from March 17, 2000 through the
present, purchased in the state of Illinois
residential real estate listed on a NAR MLS with
a buyer-agent and/or seller-agent employed by or
otherwise affiliated with Defendant or any of its
franchisees, subsidiaries, agencies, or otherwise
affiliated entities.
At World Properties is a real estate company.[BN]
The Defendant is represented by:
Robert J. Palmersheim, Esq.
Molly K. McGinley, Esq.
Timothy G. Parilla, Esq.
HONIGMAN LLP
155 N. Upper Wacker Drive, Suite 3100
Chicago, IL 60606
Telephone: (312) 701-9300
E-mail: rpalmersheim@honigman.com
mmcginley@honigman.com
tparilla@hongiman.com
BANK OF AMERICA: March 11 Class Action Opt-Out Deadline Set
-----------------------------------------------------------
If, from February 1, 2008 through November 30, 2015, you paid
interest on a VRDO that had rate resets on a daily or weekly basis,
your rights may be affected
JND Legal Administration reports that a class action suit has been
filed against Bank of America, Barclays, Citigroup, Goldman Sachs,
JPMorgan Chase, Morgan Stanley, the Royal Bank of Canada, and Wells
Fargo ("Defendants") for allegedly conspiring to fix interest rates
on Variable Rate Demand Obligations ("VRDOs") for VRDOs they
remarketed during the period from February 1, 2008 through November
30, 2015. Plaintiffs have asserted claims for violation of federal
antitrust law and various states' contract laws. The class action
lawsuit is known as City of Philadelphia et al. v. Bank of America
Corporation et al, Case No. 19-cv-1608, and it is in the United
States District Court for the Southern District of New York. The
Court has allowed this lawsuit to be a class action on behalf of a
nationwide class and a sub-class that could include you.
You are a potential class member if you directly paid the interest
expenses on a VRDO that had interest rates reset on a weekly or
daily basis pursuant to a remarketing agreement with any Defendant
at any point from February 1, 2008 through November 30, 2015. You
are a potential sub-class member if, in addition to meeting the
class requirements, you were party to a remarketing agreement with
any Counterparty Defendant that applies to a VRDO that had interest
rates reset on a weekly or daily basis at any point from February
1, 2008 through November 30, 2015. The Counterparty Defendants are
Banc of America Securities LLC; Barclays Capital, Inc.; Citigroup
Global Markets Inc.; Goldman Sachs & Co. LLC; J.P. Morgan
Securities LLC; Merrill Lynch, Pierce, Fenner & Smith Inc.; RBC
Capital Markets LLC; Wachovia Bank N.A.; and Wells Fargo Bank,
N.A.
If you are a member of the Class, you have to decide whether to
stay in the lawsuit or ask to be excluded before March 11, 2024.
There is no money available now and no guarantee there ever will
be. The Court has made no decision as to the merits of the legal
claims against Defendants, and Defendants deny all claims in this
lawsuit. A trial date has not yet been set.
YOUR RIGHTS AND OPTIONS
Do nothing. Stay in this lawsuit and await the outcome. Lose
certain rights. If you remain in the Class, you keep the
possibility of getting money or benefits that may come from a trial
or settlement. You will be bound by any judgment in this case,
whether favorable to Plaintiffs or Defendants. You may lose any
rights to sue Defendants at your own expense over claims that arise
from the same factual predicate alleged in this lawsuit. The Court
has appointed the law firms Quinn Emanuel Urquhart & Sullivan,
L.L.P., Wollmuth Maher & Deutsch L.L.P., and Susman Godfrey L.L.P.
as Class Counsel. You do not need to hire your own lawyer because
Class Counsel is working on behalf of the Class. You may hire and
appear through your own lawyer at your own expense.
Exclude yourself. Get no benefits from this lawsuit. Keep certain
rights. If you ask to be excluded from this lawsuit and money is
later awarded, you will not be allowed to request payment. But, you
keep your right to sue Defendants at your own expense and with your
own attorney about the claims that arise from the same factual
predicate alleged in this lawsuit. In order to exclude yourself
from the lawsuit, you must send a letter requesting exclusion from
City of Philadelphia et al. v. Bank of America Corporation et al,
Case No. 19-cv-1608, with your name, address, telephone number,
email address, signature, and the CUSIP number(s) for your VRDO(s)
to: VRDO Litigation Notice Administrator, c/o/ JND Legal
Administration, P.O. Box 91484, Seattle, WA 98111. Your request for
exclusion must be postmarked no later than March 11, 2024.
This Notice is only a summary.
Questions? Visit www.VRDOClassAction.com or call 1-877-595-0089.
You can also contact Class Counsel.
Please do not contact the Court.
BELLINGHAM MARINE: Fuentes Suit Removed from Sup. Ct. to C.D. Cal.
------------------------------------------------------------------
The class action lawsuit captioned as JESUS FUENTES, individually,
and on behalf of other members of the general public similarly
situated v. BELLINGHAM MARINE INDUSTRIES, INC., a Washington
corporation; and DOES 1 through 100, inclusive, Case No.
30-2023-01365108-CU-OE-CXC (Filed Nov. 30, 2023) was removed from
the California Superior Court for the Orange County to the United
States District Court for the Central District of California on
Jan. 5, 2024.
The Central California District Court Clerk assigned Case No.
8:24-cv-00035 to the proceeding.
The suit alleges Defendants' violation of the California Labor Code
by failing to pay overtime, failing to pay meal and rest period
premiums, failing to pay minimum wages, and failing to timely pay
Plaintiff's final wages.
The Plaintiff seeks damages on behalf of himself and members of the
Putative Class, including unpaid wages and unpaid overtime, premium
pay for meal and rest period violations, and damages for the
reimbursement for necessary business expenses. He further claims
that he and the Putative Class Members are entitled to liquidated
damages and a number of statutory penalties. The Plaintiff also
seeks injunctive relief, restitution, interest, and attorneys' fees
and costs.
Bellingham specializes in floating docks, platforms and wave
attenuation systems for marinas worldwide.[BN]
The Defendants are represented by:
Joanna Macmillan, Esq.
CONSTANGY, BROOKS, SMITH & PROPHETE LLP
2029 Century Park East, Suite 1100
Los Angeles, CA 90067
Telephone: (310) 909-7775
Facsimile: (424) 465-6630
E-mail: jmacmillan@constangy.com
BROOKDALE EMPLOYEE: Fails to Pay Minimum & OT Wages, Torossian Says
-------------------------------------------------------------------
ARTIN TOROSSIAN v. BROOKDALE EMPLOYEE SERVICES, LLC; and DOES 1 to
25, inclusive, Case No. 24STOVOQ323 (Cal. Super., Jan. 5, 2024)
alleges that the Defendants failed to pay the Plaintiff and other
similarly situated aggrieved employees for all hours worked,
including minimum wages and overtime wages.
The Plaintiff and others would consistently work through meal
breaks even though they were clocked out and "off the clock."
Moreover, due to the heavy workload, the Plaintiff would have to
perform tasks while "off the clock," including inventory, ordering
from vendors, menu design/creation, and due to being contacted
after hours, the suit contends.
In addition, Brookdale had a company policy wherein they would
disproportionately round down the number of hours worked by the
Plaintiff and other aggrieved employees, resulting in "time
shaving" and further resulting in aggrieved employees not being
paid for all hours worked. Accordingly, the Plaintiff's and other
aggrieved employees' actual work hours entitled them to overtime
compensation, however, Brookdale did not compensate its hourly,
non-exempt employees with the correct amount of overtime. Brookdale
also failed to include bonuses/incentive payments in calculating
the Plaintiff's and other employees' regular rate of pay for use in
deciphering the correct overtime rate of pay. In addition, the
Plaintiff and others were not compensated for the time it takes to
clock in and clock out of the workplace despite being under the
control of the employer, says the suit.
The Plaintiff started working for Brookdale on June 2023 as a chef
and Dining Services Manager. The Plaintiff's employment ended on
October 26, 2023. During his tenure, the Plaintiff was classified
as an hourly, non-exempt employee.[BN]
The Plaintiff is represented by:
Harout Messrelian, Esq.
MESSRELIAN LAW INC.
500 N. Central Ave., Suite 840
Glendale, CA 91203
Telephone: (818) 484-6531
Facsimile: (818) 956-1983
CITRIX SYSTEMS: Fails to Prevent Data Breach, Birnie Alleges
------------------------------------------------------------
MICHELLE BIRNIE; CHAROLET WADEINE FAIL; and LAUREN WILKINSON,
individually and on behalf of all others similarly situated,
Plaintiffs v. CITRIX SYSTEMS, INC., Defendant, Case No.
0:24-cv-60070-AMC (S.D. Fla., Jan. 10, 2024) is a class action
against the Defendant on behalf of themselves and all others
similarly situated who were harmed by a data breach announced by
Xfinity in December 2023 that compromised the personal information
of more than 35 million customers.
According to the complaint, the Data Breach was the direct result
of a security vulnerability in a Citrix product called the Citrix
NetScaler Application Delivery Controller and NetScaler Gateway
that is used by Xfinity and thousands of other organizations. The
Citrix NetScaler Application Delivery Controller and NetScaler
Gateway product allows organizations to enable secure remote access
and optimize, manage, and secure network traffic.
As a result of the Data Breach, the Plaintiffs' and Class members'
PII has been exposed to criminals for misuse. The injuries the
Plaintiffs and the Class have suffered, and will continue to
suffer, include: identity theft; financial losses caused by misuse
of their PII; the loss in value of their PII as a result of the
Data Breach; lost time and costs associated with the detection and
prevention of identity theft; and lost time and costs associated
with spending time to address and mitigate the actual and future
consequences of the breach, says the suit.
Citrix Systems, Inc. is an American multinational cloud computing
and virtualization technology company.[BN]
The Plaintiff is represented by:
Herman J. Russomanno III, Esq.
Museum Tower - Penthouse 2800
150 West Flagler Street
Miami, Florida 33130
Telephone: (305) 373-2101
Email: herman2@russomanno.com
- and -
Rosemary M. Rivas, Esq.
David M. Berger, Esq.
Rosanne L. Mah, Esq.
GIBBS LAW GROUP LLP
1111 Broadway, Suite 2100
Oakland, California 94607
Telephone: (510) 350-9700
Email: rmr@classlawgroup.com
dmb@classlawgroup.com
rlm@classlawgroup.com
COMPLETE SOLARIA: Edelman Sues Over Undisclosed Price Adjustments
-----------------------------------------------------------------
Eliezer Edelman, on behalf of himself and all others similarly
situated v. COMPLETE SOLARIA, INC. F/K/A FREEDOM ACQUISITION I
CORP, Case NO. 650189/2024 (N.Y. Sup. Ct., Jan. 12, 2024), is
brought against the Defendant for failure to issue a notice of
Warrant Price adjustments.
In March 2021, Freedom Acquisition I. Corp. ("FACT") completed its
initial public offering, selling 34.5 million units at $10 per
unit. Each "Unit" consisted of one Class A ordinary share and
one-fourth of one redeemable warrant. The whole warrants could be
exercised at an exercise price of $11.50 per share, subject to
certain adjustments, as more fully set forth in the Warrant
Agreement dated February 25, 2021.
FACT completed its initial business combination on July 18, 2023 by
taking Complete Solar Holding Corporation and The Solaria
Corporation public, and the surviving public entity was renamed
"Complete Solaria Inc." (the "Business Combination"). Each issued
and outstanding whole warrant to purchase one FACT Class A ordinary
share automatically represented the right to purchase one share of
Complete Solaria's common stock at a Warrant Price of $11.50 per
share, subject to the terms and conditions of the Warrant
Agreement.
A majority of the funds used to effectuate this Business
Combination was derived from the issuance of stock to a group of
investors at an effective issue price less than $9.20 per share.
Moreover, the volume weighted average trading price of the common
stock in the 20-day period following the Business Combination was
$5.46, or less than $9.20 per share. As a result, the Warrant
Agreement requires Defendant to adjust the Warrant Price to
$6.279.
The Defendant has not issued notice of any adjustments to the
Warrant Price or otherwise acknowledged that such adjustments will
be made. As a result, Plaintiff and the Class have been damaged by
$5.221 per warrant (to the extent they have exercised their
warrants) and seekd eclaratory relief that the Warrant Price must
be adjusted to $6.279, says the complaint.
The Plaintiff is a resident of Israel and currently holds 3,598
warrants that he acquired from FACT in August 2023.
The Defendant is a publicly traded company incorporated in
Delaware.[BN]
The Plaintiff is represented by:
Daniella Quitt
Benjamin I. Sachs-Michaels
GLANCY PRONGAY & MURRAY LLP
745 Fifth Avenue, Fifth Floor
New York, NY 10151
Phone: (212) 935-7400
Email: dquitt@glancylaw.com
bsachsmichaels@glancylaw.com
- and -
Robert V. Prongay
PAVITHRA RAJESH
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Phone: (310) 201-9150
Email: rprongay@glancylaw.com
prajesh@glancylaw.com
COMPLETECARE HEALTH: Bixler Files ADA Suit in D. New Jersey
-----------------------------------------------------------
A class action lawsuit has been filed against Completecare Health
Network. The case is styled as Tara Bixler, as guardian ad litem
for J.S., an infant, and on behalf of all others similarly situated
v. Completecare Health Network, Case No. 1:24-cv-00189-RMB-SAK
(D.N.J., Jan. 11, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
CompleteCare Health Network -- https://completecarenj.org/ -- is a
healthcare platform that offers primary care,pediatrics,mental
health and other cares to individuals.[BN]
The Plaintiff is represented by:
Gary S. Graifman, Esq.
KANTROWITZ, GOLDHAMER & GRAIFMAN, PC
135 Chestnut Ridge Road, Suite 200
Montvale, NJ 07645
Phone: (201) 391-7000
Fax: (201) 307-1086
Email: ggraifman@kgglaw.com
DOT TRANSPORTATION: Hoffman Suit Removed from Sup. Ct. to E.D. Cal.
-------------------------------------------------------------------
The class action lawsuit captioned as KARYN G. HOFFMAN,
individually and on behalf of all others similarly situated v. DOT
TRANSPORTATION, INC., a Delaware Corporation; and DOES 1-50,
inclusive, Case No. CV-23-00633 (Filed Oct. 27, 2023), was removed
from the Superior Court of the State of California, County of
Stanislaus, to the United States District Court for the Eastern
District of California on Jan. 5, 2024.
The Eastern California District Court Clerk assigned Case No.
1:24-at-00019 to the proceeding.
The suit alleges Defendants' violation of the California Labor Code
due to their failure to pay wages including overtime, failure to
provide meal periods, failure to provide rest periods, failure to
pay timely wages, and failure to pay timely wages during
employment.
The Plaintiff purports to sue on her own behalf and on behalf of
"any and all persons who are or were employed by the Defendant,
either directly or indirectly, at distribution or warehouse
facilities in the State of California at any time for four years
prior to the filing of this Complaint through resolution or trial
of the matter."
The Plaintiff was employed in January 2023 as a Non-Exempt Employee
with the title of Truck Driver at the Defendant's Modesto, CA
location until the Plaintiff's separation from the Defendant's
employ in March 2023. The Plaintiff's duties included driving an 18
wheel semi-truck, loading, and unloading.
DOT Transportation operates as a distribution company.[BN]
The Plaintiff is represented by:
James R. Hawkins, Esq.
Gregory Mauro, Esq.
Michael Calvo, Esq.
Lauren Falk, Esq.
Ava Issary, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Telephone: (949) 387-7200
Facsimile: (949) 387-6676
E-mail: James@jameshawkinsaplc.com
Greg@jameshawkinsaplc.com
Michael@jameshawkinsaplc.com
Lauren@jameshawkinsaplc.com
Ava@jameshawkinsaplc.com
The Defendant is represented by:
Tyler M. Paetkau, Esq.
Olga Savage, Esq.
HUSCH BLACKWELL LLP
1999 Harrison St., Suite 700
Oakland, CA 94612
Telephone: (510) 768-0650
Facsimile: (510) 768-0651
E-mail: tyler.paetkau@huschblackwell.com
olga.savage@huschblackwell.com
EL TRI MX: Ramirez Seeks to Recover Unpaid OT Wages
---------------------------------------------------
ABIGAIL RAMIREZ v. EL TRI MX RESTAURANT & BAR CORP, CARLOS UMALA
and JUAN MARIA SAQUIPULLA, individually, Case No. 1:24-cv-00242
(E.D.N.Y., Jan. 11, 2024) is a class action seeking to recover
unpaid overtime wage Compensation pursuant to the Fair Labor
Standards Act and the New York Labor Law.
The Defendants were required to pay and compensate the Plaintiff at
a minimum rate of $15.00 per hour; however, the Plaintiff was only
compensated at a rate of $6.67 per hour or $500 per week for 40
hours workweek, the lawsuit asserts.
Plaintiff Ramirez's work schedule was from Friday to Wednesday,
Sunday to Wednesday from 5:00 P.M. until 4:00 A.M., and Friday to
Saturday from 5:00 P.M. until 5:00 A.M. for approximately 70-75
hours per week.
The Defendants only compensated the Plaintiff at a rate of $6.67
per hour and failed to pay the Plaintiff his lawful overtime pay
for that period from August 2020 until December 27, 2023, where he
worked well in excess of 40 hours per workweek, the lawsuit
claims.
The Plaintiff also brings this action under the Wage Theft
Prevention Act for the Defendants' failure to provide written
notice of wage rates in violation of said laws. Accordingly, the
Plaintiff now brings this action on behalf of himself and those
other similarly situated individuals, for federal and state claims
relating to unpaid minimum wages, overtime wages, unpaid
spread-of-hours wages, failure to maintain records pursuant to the
FLSA, 29 USC sections 201 et seq., NYLL section 650 et seq., as
recently amended by the Wage Theft Prevention Act, NYLL section
195(3), as well as those related provisions in Title 12 of the New
York Codes, Rules, and Regulations.
The Plaintiff seeks compensatory damages, liquidated damages,
spread of hours pay, pre-judgment and post-judgment interest, and
attorneys' fees and costs pursuant to the FLSA and NYLL.
Mr. Ramirez was employed by the Defendant from August 2020 until
December 27, 2023, where his primary work duty was as a cook,
delivery, assistant and janitor.
El Tri Mx is a Mexican restaurant and bar.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Telephone: (212) 203-2417
E-mail: www.StillmanLegalPC.com
FAMILY DELI: Fails to Pay Guards' Minimum, OT Wages Under FLSA
--------------------------------------------------------------
HENRY ROJAS v. FAMILY DELI 4 INC (DBA FAMILY DELI 4 TREMONT), and
HASSAN KORAIN, individually, Case No. 1:24-cv-00230 (S.D.N.Y., Jan.
11, 2024) is a class action seeking to recover unpaid minimum and
overtime wage compensation pursuant to the Fair Labor Standards Act
and the New York Labor Law.
Plaintiff Rojas's work schedule was from Monday to Saturday; he
sometimes worked on Sunday. He began work at 7:00 A.M. but and left
at 7:00 PM; he worked approximately 72 hours per week.
The Defendants only compensated the Plaintiff at a rate of $5.33
and $6.67 per hour and failed to pay Plaintiff his lawful overtime
pay for that period from December 28, 2021, until December 29,
2023, where he worked well in excess of 40 hours per workweek, the
Plaintiff says.
The Defendants allegedly maintain a policy and practice of
requiring Plaintiff and other employees to work without providing
the overtime compensation required by federal and state law and
regulations.
The Plaintiff also brings this action under the Wage Theft
Prevention Act for the Defendants' failure to provide written
notice of wage rates in violation of said laws. The Plaintiff
further seeks compensatory damages, liquidated damages, spread of
hours pay, pre-judgment and post-judgment interest, and attorneys'
fees and costs pursuant to the FLSA and NYLL.
The Plaintiff was employed by the Defendant from December 28, 2021,
until December 29, 2023, where his primary work duty was as a
security guard, but also did other chores, such as cleaning,
stocking and shop whatever the store needed.
The Defendant operates restaurant business.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Telephone: (212) 203-2417
E-mail: www.StillmanLegalPC.com
GOOGLE LLC: Court OK's Class Certification Bid in Rodriguez Suit
----------------------------------------------------------------
In the class action lawsuit captioned as ANIBAL RODRIGUEZ, et al.,
v. GOOGLE LLC, Case No. 3:20-cv-04688-RS (N.D. Cal.), the Hon.
Judge Richard Seeborg entered an order granting motion to certify
class and denying Daubert motion.
The following classes are certified:
-- Class 1
"All individuals who, during the period beginning July 1, 2016
and continuing through the present (the "Class Period"), (a)
had
their "Web & App Activity" and/or "supplemental Web & App
Activity" setting turned off and (b) whose activity on a non-
Google-branded mobile app was still transmitted to Google,
from
(c) a mobile device running the Android operating system,
because
of the Firebase Software Development Kit (“SDK”) and/or
Google
Mobile Ads SDK."
-- Class 2
"All individuals who, during the Class Period (a) had their
"Web & App Activity" and/or "supplemental Web & App Activity"
setting turned off and (b) whose activity on a
non-Google-branded
mobile app was still transmitted to Google, from (c) a mobile
device running a non-Android operating system, because of the
Firebase SDK and/or Google Mobile Ads SDK."
The parties will appear for a Case Management Conference on
February 1, 2024 and submit a Joint Case Management Statement by
January 25, 2024.’
The Plaintiffs are users of third-party apps to which Google
provides services. The Plaintiffs bring a putative class action
against Defendant Google LLC with three claims: invasion of
privacy, intrusion upon seclusion, and violation of the
Comprehensive Computer Data Access and Fraud Act (CDAFA). Pursuant
to Federal Rules of Civil Procedure 23(b)(3) and 23(b)(2), they
seek certification of nationwide classes of all Google users who
had their "Web & App Activity"
("WAA") and/or "supplemental Web & App Activity" ("sWAA") switched
off in their Google privacy settings since July 1, 2016.
Concurrently, Google moves to exclude the opinion by Plaintiffs'
damages expert, Michael J. Lasinski, pursuant to Federal Rule of
Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509
U.S. 579 (1993). Lasinski submitted a report to calculate
class-wide unjust enrichment and actual damages for Plaintiff's two
proposed classes. For the reasons below, Plaintiffs’ motion to
certify class is granted and Google’s Daubert motion is denied.
The case is a putative class action challenging Google's data
practices.
Google is an American multinational technology company focusing on
artificial intelligence, online advertising, search engine
technology, cloud computing, computer software, quantum computing,
e-commerce, and consumer electronics.
A copy of the Court's order dated Jan. 3, 2024 is available from
PacerMonitor.com at https://bit.ly/48Ajy5h at no extra charge.[CC]
GUARDIAN ANALYTICS: Class Settlement in Holden Gets Initial Nod
---------------------------------------------------------------
In the class action lawsuit captioned as MARK S. HOLDEN, RICHARD
ANDISIO, EDWARD MARSHALL, ANN MAME MARSHALL, ARTHUR CHRISTIANI,
JOHNIELLE DWYER, PAWEL KRZYKOWSKI, MARIOLA KRZYNOWEK, JAMES HOWE,
CINDY A. PEREIRA, individually, and on behalf of all others
similarly situated, V. GUARDIAN ANALYTICS, INC., ACTIMIZE INC., and
WEBSTER BANK, N.A., Case No. 2:23-cv-02115-WJM-LDW (D.N.J.), the
Hon. Judge William J. Martini entered an order preliminarily
approving settlement and providing for notice of pendency.
The Court preliminarily certifies, for settlement purposes only, a
"Settlement Class" of:
"All persons who were notified that their personally
identifiable
information may have been impacted as a result of the data
incident
that occurred on Guardian systems between November 27, 2022 and
January 22, 2023;"
Excluded from the Settlement Class are Defendants officers and
directors, as well as (i) all Settlement Class Members who
timely
and validly request exclusion from the Settlement Class; (u) the
judges assigned to the Litigation to evaluate the fairness,
reasonableness, and adequacy of this settlement; and (iii) any
other Person found by a court of competent jurisdiction to be
guilty under criminal law of perpetrating, aiding or abetting
the
criminal activity occurrence of the Data Incident or who pleads
nolo contendere to any such charge. The Settlement Class may
include as many as 197,270 individuals -- each, a "Settlement
Class
Member."
For the purposes of the settlement only. The Plaintiffs Mark S.
Holden, Richard Andisio, Edward Marshall, Ann Marie Marshall,
Arthur Christiani, Johmelle Dwyer, Pawel Krzykowski, Mariola
Krzynowek, James Howe, and Cindy A. Pereira are preliminarily
certified as the Class Representatives.
The Court finds that interim co-lead counsel Ben Bamow of Barnow
and Associates, P.C. and Charles E. Schaffer of Levin Sedran &
Berman, LLP are experienced and adequate counsel and are
provisionally designated as Class Counsel under Federal Rule of
Civil Procedure 23(a)(4) Settlement Hearing Date.
Guardian offers online fraud protection solutions.
A copy of the Court's order dated Jan. 3, 2024 is available from
PacerMonitor.com at https://bit.ly/3tQQSpv at no extra charge.[CC]
HAL'S BEVERAGE: Ozuzu Sues Over Mislabeled Snack Products
---------------------------------------------------------
CHIOMA OZUZU, individually and on behalf of all others similarly
situated, Plaintiff v. HAL'S BEVERAGE LLC, Defendant, Case No.
500922/2024 (N.Y. Sup. Kings Cty., Jan. 10, 2024) alleges that the
Defendant sells in a deceptive manner its Sea Salt & Vinegar Kettle
Cooked Potato Chips promoted as having "No Artificial Flavors,"
with a picture of freshly ground salt and a cup of vinegar next to
cooked potato chips under the Hal's New York brand.
According to the complaint, the labeling in the Product is false
and misleading because despite the representations its taste was
from sea salt and vinegar, and had "No Artificial Flavors," it
contains artificial flavoring ingredients to create, simulate,
resemble and reinforce its vinegar
taste. This is not disclosed on the front label or the fine print
on the back in the ingredient list. While the ingredient list in
fine print on the back indicates the chips include sea salt and
vinegar, they also includes malic acid.
The Product was worth less than what Plaintiff paid, and she would
not have paid as much absent Defendant's false and misleading
statements and omissions, says the suit.
HAL'S BEVERAGE LLC sells beverages, and snack products. [BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES P.C.
60 Cuttermill Rd Ste 412
Great Neck NY 11021
Telephone: (516) 268-7080
Email: spencer@spencersheehan.com
HEALTHEC LLC: Bishop Files Suit in D. New Jersey
------------------------------------------------
A class action lawsuit has been filed against HEALTHEC LLC. The
case is styled as Allan Bishop, Individually and on behalf of all
others similarly situated v. HEALTHEC LLC, Case No.
2:24-cv-00146-JKS-ESK (D.N.J., Jan. 9, 2024).
The nature of suit is stated as Other Personal Property for
Property Damage.
HealthEC -- https://www.healthec.com/ -- develops and delivers
end-to-end technology solutions for exchanging healthcare
information and managing population health.[BN]
The Plaintiffs are represented by:
James E. Cecchi, Esq.
CARELLA BYRNE CECCHI BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Phone: (973) 994-1700
Fax: (973) 994-1744
Email: jcecchi@carellabyrne.com
HEALTHEC LLC: Khirfan Files Suit in D. New Jersey
-------------------------------------------------
A class action lawsuit has been filed against HEALTHEC LLC. The
case is styled as Nicholas Khirfan, individually and on behalf of
all others similarly situated v. HEALTHEC LLC, Case No.
2:24-cv-00148 (D.N.J., Jan. 9, 2024).
The nature of suit is stated as Other P.I. for Contract Dispute.
HealthEC -- https://www.healthec.com/ -- develops and delivers
end-to-end technology solutions for exchanging healthcare
information and managing population health.[BN]
The Plaintiffs are represented by:
Vicki Maniatis, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
100 Garden City Plaza, Suite 500
GARDEN CITY, NY 11530
Phone: (866) 252-0878
Fax: (212) 868-1229
Email: vmaniatis@milberg.com
HENKEL CORPORATION: Fellin Suit Removed to E.D. Missouri
--------------------------------------------------------
The case styled as Thomas Fellin, individually and on behalf of all
others similarly situated v. Henkel Corporation, Does 1 through 20
inclusive, Case No. 23SL-CC05302 was removed from the St. Louis
County Circuit Court, to the U.S. District Court for the Eastern
District of Missouri on Jan. 9, 2024.
The District Court Clerk assigned Case No. 4:24-cv-00049 to the
proceeding.
The nature of suit is stated as Other Fraud.
Henkel AG & Co. KGaA, commonly known as Henkel --
https://www.henkel.com/ -- is a German multinational chemical and
consumer goods company headquartered in Düsseldorf, Germany.[BN]
The Plaintiff appears pro se.
The Defendants are represented by:
C. David Goerisch, Esq.
Kolten Charles Ellis Esq.
Michael L. Jente, Esq.
LEWIS RICE LLC - St. Louis
600 Washington Avenue, Suite 2500
St. Louis, MO 63101
Phone: (314) 444-7600
Fax: (314) 241-6056
Email: dgoerisch@lewisrice.com
kellis@lewisrice.com
mjente@lewisrice.com
HENKEL CORPORATION: Guerrero Suit Removed to E.D. Missouri
----------------------------------------------------------
The case styled as Alexander Guerrero, individually and on behalf
of all others similarly situated v. Henkel Corporation, Does 1
through 20 inclusive, Case No. 23SL-CC05176 was removed from the
St. Louis County Circuit Court, to the U.S. District Court for the
Eastern District of Missouri on Jan. 10, 2024.
The District Court Clerk assigned Case No. 4:24-cv-00057 to the
proceeding.
The nature of suit is stated as Other Fraud.
Henkel AG & Co. KGaA, commonly known as Henkel --
https://www.henkel.com/ -- is a German multinational chemical and
consumer goods company headquartered in Düsseldorf, Germany.[BN]
The Plaintiff appears pro se.
The Defendants are represented by:
C. David Goerisch, Esq.
Kolten Charles Ellis Esq.
Michael L. Jente, Esq.
LEWIS RICE LLC - St. Louis
600 Washington Avenue, Suite 2500
St. Louis, MO 63101
Phone: (314) 444-7600
Fax: (314) 241-6056
Email: dgoerisch@lewisrice.com
kellis@lewisrice.com
mjente@lewisrice.com
HERBIVORE BOTANICALS: Senior Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Herbivore Botanicals,
LLC. The case is styled as Milagros Senior, on behalf of herself
and all other persons similarly situated v. Herbivore Botanicals,
LLC, Case No. 1:24-cv-00218 (S.D.N.Y., Jan. 10, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Herbivore Botanicals -- https://www.herbivorebotanicals.com/ -- is
a clean beauty brand that brings you products that are safe,
non-toxic, and highly effective.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
HERC RENTALS INC: Ramirez Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Herc Rentals, Inc.,
et al. The case is styled as Victor Manuel Ramirez, on behalf of
himself and all others similarly situated, and the general public
v. Herc Rentals, Inc., Does 1 Through 50, Inclusive, Case No.
CGC24611595 (Cal. Super. Ct., San Francisco Cty., Jan. 11, 2024).
The case type is stated as "Other Non-Exempt Complaints."
Herc Rentals, Inc. -- https://www.hercrentals.com/ -- offer daily,
weekly and monthly rates for construction equipment and industrial
applications.[BN]
The Plaintiff is represented by:
David Keledjian, Esq.
D.LAW, INC.
880 E Broadway
Glendale, CA 91205-1218
Phone: 818-962-6465
Fax: 818-962-6469
Email: d.keledjian@d.law
HESTER & COOK DESIGN: Danso Files ADA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Hester & Cook Design
Group, Inc. The case is styled as Charity Danso, on behalf of
herself and all others similarly situated v. Hester & Cook Design
Group, Inc., Case No. 1:24-cv-00203 (S.D.N.Y., Jan. 10, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Hester & Cook -- https://hesterandcook.com/ -- provides
hand-crafted paper placemats, table runners, kitchen accessories,
stationery, pencils, art prints, and gifts.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
HJ DISTRIBUTION: Colak Files ADA Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against HJ Distribution, LLC.
The case is styled as Ali Colak, on behalf of himself and all
others similarly situated v. HJ Distribution, LLC, Case No.
2:24-cv-00202 (E.D.N.Y., Jan. 10, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
HJ Distribution, LLC is in the cut and sew apparel manufacturing,
apparel manufacturing, manufacturing, men's and boy's work clothing
industry.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
HOLLIS COBB: Jackson Files FDCPA Suit in N.D. Georgia
-----------------------------------------------------
A class action lawsuit has been filed against Hollis Cobb
Associates, Inc. The case is styled as Linda Jackson, individually
and on behalf of all others similarly situated v. Hollis Cobb
Associates, Inc. doing business as: Patient Accounts Bureau, Case
No. 1:24-cv-00161-VMC-JKL (N.D. Ga., Jan. 11, 2024).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Hollis Cobb Associates, Inc. -- https://www.holliscobb.com/ --
provides revenue recovery services. The Company offers payment
collection and adjustment services on claims and other insurance
related issues.[BN]
The Plaintiff is represented by:
Misty Oaks Paxton, Esq.
THE OAKS FIRM
3895 Brookgreen Pt.
Decatur, GA 30034
Phone: (404) 500-7861
Email: attyoaks@yahoo.com
HOME POINT: $5-Million Class Settlement to be Heard on May 14
-------------------------------------------------------------
Robbins Geller Rudman & Dowd LLP issued a statement regarding the
Home Point Capital Securities Settlement:
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
In re HOME POINT CAPITAL INC.
SECURITIES LITIGATION
Civ No. 4:21-cv-11457-SDK-KGA
Judge Shalina D. Kumar
Magistrate Judge Kimberly G. Altman
CLASS ACTION
SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
TO: ALL PERSONS AND ENTITIES THAT PURCHASED OR OTHERWISE ACQUIRED
HOME POINT CAPITAL INC. ("HOME POINT" OR THE "COMPANY") COMMON
STOCK IN THE COMPANY’S JANUARY 29, 2021 INITIAL PUBLIC OFFERING
("IPO") OR PURCHASED HOME POINT COMMON STOCK AFTER THE IPO AND ON
OR BEFORE JUNE 21, 2021 IN THE STOCK MARKET PURSUANT AND/OR
TRACEABLE TO THE COMPANY’S OFFERING DOCUMENTS ISSUED IN
CONNECTION WITH THE IPO, AND WERE ALLEGEDLY DAMAGED THEREBY, AND
ARE NOT OTHERWISE EXCLUDED FROM THE SETTLEMENT CLASS ("SETTLEMENT
CLASS" OR "SETTLEMENT CLASS MEMBERS")
THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER
SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS
ENTIRETY.
YOU ARE HEREBY NOTIFIED that a hearing will be held on May 14,
2024, at 10:00 a.m., before Judge Shalina D. Kumar, at the United
States District Court, Eastern District of Michigan, Southern
Division, Courtroom 127 of the Federal Building and U.S.
Courthouse, 600 Church Street, Flint, MI 48502, to determine
whether: (1) the proposed settlement (the "Settlement") of the
above-captioned action as set forth in the Stipulation of
Settlement ("Stipulation")1 for $5,000,000 in cash, to be paid or
caused to be paid by the Company, should be approved by the Court
as fair, reasonable, and adequate; (2) for purposes of the
Settlement only, the Litigation should be certified as a class
action on behalf of the Settlement Class; (3) the Judgment as
provided under the Stipulation should be entered dismissing the
Litigation with prejudice; (4) to award Lead Counsel attorneys’
fees and expenses out of the Settlement Fund (as defined in the
Notice of Pendency and Proposed Settlement of Class Action
("Notice"), which is discussed below) and to award Plaintiff
reimbursement of his time and expenses pursuant to 15 U.S.C.
§77z-1(a)(4) in connection with his representation of the
Settlement Class, and, if so, in what amounts; and (5) the Plan of
Allocation should be approved by the Court as fair, reasonable, and
adequate.
The Court may decide to conduct the Settlement Hearing by video or
telephonic conference, or otherwise allow Settlement Class Members
to appear remotely at the hearing, without further written notice
to the Settlement Class. In order to determine whether the date and
time of the Settlement Hearing have changed, or whether Settlement
Class Members must or may participate by phone or video, it is
important that you monitor the Court’s docket and the Settlement
website, www.HomePointSecuritiesSettlement.com, before making any
plans to attend the Settlement Hearing. Updates regarding the
Settlement Hearing, including any changes to the date or time of
the hearing or updates regarding in-person or remote appearances at
the hearing, will be posted to the Settlement website,
www.HomePointSecuritiesSettlement.com. Also, if the Court requires
or allows Settlement Class Members to participate in the Settlement
Hearing by remote means, the information for accessing the hearing
will be posted to the Settlement website.
IF YOU PURCHASED OR OTHERWISE ACQUIRED HOME POINT COMMON STOCK
BETWEEN JANUARY 29, 2021 AND JUNE 21, 2021, INCLUSIVE, YOUR RIGHTS
MAY BE AFFECTED BY THE SETTLEMENT OF THIS LITIGATION.
To share in the distribution of the Settlement Fund, you must
establish your rights by submitting a Proof of Claim and Release
form ("Proof of Claim") by mail (postmarked no later than April 15,
2024) or electronically (no later than April 15, 2024). Your
failure to timely submit your Proof of Claim by April 15, 2024,
will subject your claim to rejection and preclude your receiving
any of the recovery in connection with the Settlement of this
Litigation. If you purchased or otherwise acquired Home Point
common stock between January 29, 2021 and June 21, 2021, inclusive,
and do not validly and timely request exclusion from the Settlement
Class in accordance with the requirements set by the Court, you
will be bound by the Settlement and any judgment and release
entered in the Litigation, including, but not limited to, the
Judgment, whether or not you submit a Proof of Claim.
The Notice, which more completely describes the Settlement and your
rights thereunder (including your right to object to the
Settlement), the Proof of Claim, the Stipulation (which, among
other things, contains definitions for the defined terms used in
this Summary Notice), and other Settlement documents, may be
accessed online at www.HomePointSecuritiesSettlement.com, or by
writing to:
Home Point Securities Settlement
Claims Administrator
c/o Gilardi & Co. LLC
P.O. Box 301133
Los Angeles, CA 90030-1133
Inquiries should NOT be directed to Defendants, Defendants’
Counsel, the Court, or the Clerk of the Court.
Inquiries, other than requests for the Notice or for a Proof of
Claim, may be made to Lead Counsel:
ROBBINS GELLER RUDMAN & DOWD LLP
Ellen Gusikoff Stewart
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: 1-800-449-4900
settlementinfo@rgrdlaw.com
IF YOU DESIRE TO BE EXCLUDED FROM THE SETTLEMENT CLASS, YOU MUST
SUBMIT A REQUEST FOR EXCLUSION SUCH THAT IT IS POSTMARKED BY APRIL
23, 2024, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. ALL
SETTLEMENT CLASS MEMBERS WILL BE BOUND BY THE SETTLEMENT EVEN IF
THEY DO NOT SUBMIT A TIMELY PROOF OF CLAIM.
IF YOU ARE A SETTLEMENT CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT
TO THE SETTLEMENT, THE PLAN OF ALLOCATION, THE REQUEST BY LEAD
COUNSEL FOR AN AWARD OF ATTORNEYS’ FEES NOT TO EXCEED 30% OF THE
$5,000,000 SETTLEMENT AMOUNT AND EXPENSES NOT TO EXCEED $60,000 AND
AN AWARD TO PLAINTIFF NOT TO EXCEED $25,000 IN CONNECTION WITH HIS
REPRESENTATION OF THE SETTLEMENT CLASS. ANY OBJECTIONS MUST BE
FILED WITH THE COURT AND SENT TO LEAD COUNSEL AND DEFENDANTS’
COUNSEL SO THAT THEY ARE RECEIVED BY APRIL 23, 2024, IN THE MANNER
AND FORM EXPLAINED IN THE NOTICE.
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DATED: November 30, 2023
1 The Stipulation can be viewed and/or obtained at
www.HomePointSecuritiesSettlement.com. This Summary Notice
incorporates by reference the definitions in the Stipulation, and
all capitalized terms used herein shall have the same meanings as
set forth in the Stipulation, unless set forth herein.
IANTHUS CAPITAL: $2.9MM Class Settlement to be Heard on April 10
----------------------------------------------------------------
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE iANTHUS CAPITAL HOLDINGS, INC. SECURITIES LITIGATION
THIS DOCUMENT RELATES TO:
Nos. 20-cv-03135 (Securities Class Action), 20-cv-03513 (Cedeno)
No. 20-cv-03135-LAK
No. 20-cv-03513-LAK
SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION AND PROPOSED
SETTLEMENT OF CLASS ACTION; (II) SETTLEMENT HEARING; AND (III)
MOTION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF
LITIGATION EXPENSES
TO: All persons and entities who, during the period from May 14,
2018, through July 10, 2020, inclusive (the "Settlement Class
Period"), purchased or otherwise acquired iAnthus Capital Holdings,
Inc. ("iAnthus") securities in domestic transactions and were
allegedly damaged thereby (the "Settlement Class").
Please read this notice carefully. your rights will be affected by
a class action lawsuit pending in this court.
YOU ARE HEREBY NOTIFIED that Lead Plaintiff in the Action has
reached a proposed settlement of the Action for $2,900,000.00 in
cash (the "Settlement"), that, if approved, will resolve all claims
in the Action.
A hearing will be held on April 10, 2024, at 9:30 a.m., before the
Honorable Lewis A. Kaplan at the United States District Court for
the Southern District of New York, Daniel Patrick Moynihan United
States Courthouse, Courtroom 21B, 500 Pearl Street, New York, NY
10007, or by telephonic, video conferencing, or other electronic
means, as posted on the website of the Claims Administrator. The
hearing will determine (i) whether the proposed Settlement should
be approved as fair, reasonable, and adequate; (ii) whether for
settlement purposes only, the Settlement Class should be certified,
Lead Plaintiff should be certified as Class Representative for the
Settlement Class, and Lead Counsel should be appointed as Class
Counsel for the Settlement Class; (iii) whether the Action should
be dismissed with prejudice against Defendants, and the Releases
specified and described in the Stipulation And Agreement Of
Settlement (and in the Notice) should be granted; (iv) whether the
proposed Plan of Allocation should be approved as fair and
reasonable; (v) whether Lead Counsel's application for an award of
attorneys' fees and reimbursement of Litigation Expenses should be
approved; and (vi) whether to award Lead Plaintiff out of the
Settlement Fund pursuant to 15 U.S.C. §78u‑4(a)(4) in connection
with his representation of the Settlement Class and, if so, in what
amount.
If you are a member of the Settlement Class, your rights will be
affected by the pending Action and the Settlement, and you may be
entitled to share in the Settlement Fund. If you have not yet
received the Notice and Claim Form, you may obtain copies of these
documents by contacting the Claims Administrator at iAnthus
Securities Litigation, c/o A.B. Data, Ltd., P.O. Box 173041,
Milwaukee, WI 53217. Copies of the Notice and Claim Form can also
be downloaded from the website maintained by the Claims
Administrator, www.iAnthusSecuritiesLitigation.com.
If you are a member of the Settlement Class, in order to be
potentially eligible to receive a payment under the proposed
Settlement, you must submit a Claim Form postmarked no later than
April 17, 2024. If you are a Settlement Class Member and do not
submit a proper Claim Form, you will not be eligible to share in
the distribution of the net proceeds of the Settlement, but you
will nevertheless be bound by any judgments or orders entered by
the Court in the Action.
If you are a member of the Settlement Class and wish to exclude
yourself from the Settlement Class, you must submit a request for
exclusion such that it is received no later than March 20, 2024, in
accordance with the instructions set forth in the Notice. If you
properly exclude yourself from the Settlement Class, you will not
be bound by any judgments or orders entered by the Court in the
Action and you will not be eligible to share in the proceeds of the
Settlement.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, or Lead Counsel's motion for attorneys' fees and
reimbursement of expenses must be filed with the Court and
delivered to representatives of Lead Counsel and Defendants'
Counsel such that they are received no later than March 20, 2024,
in accordance with the instructions set forth in the Notice.
Please do not contact the Court, the Clerk's office, iAnthus, or
Defendants' counsel regarding this notice. All questions about
this notice, the proposed Settlement, or your eligibility to
participate in the Settlement should be directed to Lead Counsel or
the Claims Administrator.
Requests for the Notice and Claim Form should be made to:
iAnthus Securities Litigation
c/o A.B. Data, Ltd.
P.O. Box 173041
Milwaukee, WI 53217
Inquiries, other than requests for the Notice and Claim Form,
should be made to Lead Counsel:
POMERANTZ LLP
Jeremy A. Lieberman
Michael Grunfeld
600 Third Avenue, 20th Floor
New York, NY 10016
jalieberman@pomlaw.com
mgrunfeld@pomlaw.com
Dated: December 20, 2023
By Order of the Court
United States District Court
Southern District of New York
INTERNATIONAL STAR: Sanchez Files TCPA Suit in S.D. Florida
-----------------------------------------------------------
A class action lawsuit has been filed against International Star
Registry of Illinois, LTD. The case is styled as Rachel Sanchez,
individually and on behalf of all others similarly situated v.
International Star Registry of Illinois, LTD., Case No.
1:24-cv-20083-XXXX (S.D. Fla., Jan. 9, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
International Star Registry of Illinois --
https://www.starregistry.com/ -- was started in Toronto in 1979 by
Ivor Downie, and is thought to be the earliest commercial star
naming company.[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Ste. 1205
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
JACK HENRY INC: Bullock Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Jack Henry, Inc. The
case is styled as Justin Bullock, individually and as the
representative of a class of similarly situated persons v. Jack
Henry, Inc., Case No. 1:24-cv-00159 (S.D.N.Y., Jan. 9, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Jack Henry & Associates, Inc. -- https://www.jackhenry.com/ -- is a
provider of financial technology solutions and payment processing
services, mostly to community banks and credit unions.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
JAN RESOURCES: Fails to Pay Proper Wages, Castillo Alleges
----------------------------------------------------------
ELIAS V. CASTILLO; and MARTIN LEVANG, individually and on behalf of
all others similarly situated, Plaintiff v. JAN RESOURCES, LLC,
Defendant, Case No. 7:24-cv-00005 (W.D. Tex., Jan. 10, 2024) seeks
to recover from the Defendant unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
The Plaintiffs were employed by the Defendant as field
technicians/chemical operators.
JAN RESOURCES, LLC is a solutions-driven oilfield services company
that offers high quality products, unparalleled service and
expertise in the field, testing, data analysis, and customer
service. [BN]
The Plaintiff is represented by:
Melissa Moore, Esq.
Curt Hesse, Esq.
MOORE & ASSOCIATES
Lyric Centre
440 Louisiana Street | Suite 1110
Houston, TX 77002-1055
Telephone: (713) 222-6775
Facsimile: (713) 222-6739
Email: melissa@mooreandassociates.net
curt@mooreandassociates.net
KAREN TAPPER: Brooks Sues to Recover Unpaid Overtime Wages
----------------------------------------------------------
Fredricka Brooks, on behalf of herself and others similarly
situated v. Karen Tapper, Case No. 1:24-cv-00263 (E.D.N.Y., Jan.
11, 2024), is brought to recover unpaid overtime wages,
spread-of-hours pay, liquidated and statutory damages, pre- and
post-judgment interest, and attorneys' fees and costs pursuant to
the Fair Labor Standards Act ("FLSA"), and violations of Articles 6
and 19 of the New York State Labor Law ("NYLL") and their
supporting New York State Department of Labor regulations.
The Plaintiff regularly worked for the Defendant in excess of 40
hours a week but never received an overtime premium of one and
one-half times their regular rate of pay for those hours. No
notification, either in the form of posted notices, or other means,
was ever given to Plaintiff regarding wages are required under the
FLSA or NYLL. the Defendant did not provide Plaintiff a statement
of wages, as required by NYLL. The Defendant did not give any
notice to Plaintiff of her rate of pay, employer's regular pay day,
and such other information as required by NYLL. The Defendant did
not pay Plaintiff at the rate of one and one-half times her hourly
wage rate for hours worked in excess of forty per workweek., says
the complaint.
The Plaintiff was employed as a home health aide at Defendant's
home health care company from January 2023 to May 2023.
The Defendant owns, operates and/or controls a home health care
company located in Brooklyn, New York.[BN]
The Plaintiff is represented by:
Jason Mizrahi, Esq.
Joshua Levin-Epstein, Esq.
LEVIN-EPSTEIN & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4700
New York, NY 10165
Phone: (212) 792-0048
Email: jason@levinepstein.com
joshua@levinepstein.com
KIMCO STAFFING: Peralta Sues Over Cybersecurity Breach
------------------------------------------------------
Jose Peralta, as an individual and on behalf of all others
similarly situated v. KIMCO STAFFING SERVICES, INC.; and DOES 1-10,
Case No. 30-2024-01371244-CU-BT-CXC (Cal. Super. Ct., Orange Cty.,
Jan. 9, 2024), is brought arising from the Defendant failure to
implement and maintaining reasonable cybersecurity procedures and
practices with respect to the sensitive and confidential personal
information KIMCO obtains from its employees and/or customers and
the consequent cybersecurity breach of its systems that occurred on
June 24, 2023.
Due to its lack of adequate cybersecurity measures, KIMCO suffered
a data breach on June 24, 2023. KIMCO waited until December,
approximately 6 months after the data breach, to inform impacted
parties that their personal identifying information was the target
of a data breach.
The Plaintiff brings this class action complaint to redress these
injuries, on behalf himself and a class of similarly situated
persons. Plaintiff asserts claims on behalf of a class for
negligence, negligence per se, declaratory judgment, and common law
invasion of privacy. Plaintiff also brings claims for violation of
the California Consumer Privacy Act, the California Customer
Records Act, violation of the California Unfair Competition Law,
and for invasion of privacy based on the California Constitution,
says the complaint.
The Plaintiff is a citizen and resident of the State of California
who was a victim of the Defendant data breach.
KIMCO is a staffing agency assisting individuals who are looking
for employment.[BN]
The Plaintiff is represented by:
Jason M. Wucetich, Esq.
Dimitrios V. Korovilas, Esq.
WUCETICH & KOROVILAS LLP
222 N. Pacific Coast Hwy., Suite 2000
El Segmdo, CA 90245
Phone: (310) 335-2001
Facsimile: (310) 364-5201
Email: jason@uukolaw.com
dimitri@wukolaw.com
KIN INC: Court Directs Filing of Discovery Plan in Horn Suit
------------------------------------------------------------
In the class action lawsuit captioned as Horn v. KIN, Inc. et al.,
Case No. 1:23-cv-01434-SLD-JEH (C.D. Ill.), the Hon. Judge Jonathan
E. Hawley entered a standing order as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
A copy of the Court's order dated Jan. 3, 2024 is available from
PacerMonitor.com at https://bit.ly/47xjEZT at no extra charge.[CC]
LITTLE CAESAR: Class Certification Bid Due March 18 in Horner Suit
------------------------------------------------------------------
In the class action lawsuit captioned as Horner, et al., v. Little
Caesar Enterprises, Inc. et al., Case No. 5:22-cv-01324 (N.D.N.Y.,
Filed Dec. 9, 2022), the Hon. Judge Thomas J. Mcavoy entered an
order granting motion for extension of time to complete discovery:
-- Class discovery due: Jan. 29, 2024
-- Class discovery motions due: Feb. 20, 2024
-- Class certification motion due: March 18, 2024
The suit alleges violation of the Fair Labor Standards Act (FLSA)
involving denial of overtime compensation.
Little Caesar is an American multinational chain of pizza
restaurants.[CC]
LUCKY BEVERAGE CO: Bullock Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Lucky Beverage Co.
The case is styled as Justin Bullock, individually and as the
representative of a class of similarly situated persons v. Lucky
Beverage Co., Case No. 1:24-cv-00159 (S.D.N.Y., Jan. 9, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Lucky Beverage Wholesale -- https://www.luckybeveragewholesale.com/
-- is a leading distributor of consumer-packed products in the
United States.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
LUMICO LIFE: Griffith-Sullivan Suit Transferred to D. Massachusetts
-------------------------------------------------------------------
The case styled as Valerie Griffith-Sullivan, individually and on
behalf of all similarly situated persons v. Lumico Life Insurance
Company, Case No. 1:23-cv-10880 was transferred from the U.S.
District Court for the Southern District of New York, to the U.S.
District Court for the District of Massachusetts on Jan. 10, 2024.
The District Court Clerk assigned Case No. 1:24-cv-10075-ADB to the
proceeding.
The nature of suit is stated as Other Contract for Contract
Dispute.
Lumico -- https://lumico.com/ -- is a leading provider of both Life
& Medicare Supplement insurance policies.[BN]
The Plaintiff is represented by:
Joseph P. Guglielmo, Esq.
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Phone: (212) 223-6444
Fax: (212) 223-6334
Email: jguglielmo@scott-scott.com
The Defendant is represented by:
Francis Xavier Nolan, IV, Esq.
EVERSHEDS SUTHERLAND (US) LLP
1114 Avenue of the Americas
The Grace Building, 40th Floor
New York, NY 10036
Phone: (212) 389-5083
Email: franknolan@eversheds-sutherland.com
LUMICO LIFE: Oneal Suit Transferred to D. Massachusetts
-------------------------------------------------------
The case styled as Lacheryl Oneal, LaTonya Williams, Fannie Colay,
on behalf of themselves and all others similarly situated v. Lumico
Life Insurance Company, Case No. 7:23-cv-07078 was transferred from
the U.S. District Court for the Southern District of New York, to
the U.S. District Court for the District of Massachusetts on Jan.
10, 2024.
The District Court Clerk assigned Case No. 1:24-cv-10078-ADB to the
proceeding.
The nature of suit is stated as Other P.I. for Contract Dispute.
Lumico -- https://lumico.com/ -- is a leading provider of both Life
& Medicare Supplement insurance policies.[BN]
The Plaintiffs are represented by:
Vicki Maniatis, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (865) 412-2700
Email: vmaniatis@milberg.com
The Defendants are represented by:
Francis Xavier Nolan, IV, Esq.
EVERSHEDS SUTHERLAND (US) LLP
1114 Avenue of the Americas
The Grace Building, 40th Floor
New York, NY 10036
Phone: (212) 389-5083
Email: franknolan@eversheds-sutherland.com
- and -
Michael Bahar, Esq.
EVERSHEDS SUTHERLAND (US) LLP
700 6th St NW, Ste. 700
Washington, DC 20001
Phone: (202) 383-0882
Fax: (202) 637-3593
Email: michaelbahar@eversheds-sutherland.com
MACALESTER COLLEGE: Senior Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Macalester College.
The case is styled as Milagros Senior, on behalf of herself and all
other persons similarly situated v. Macalester College, Case No.
1:24-cv-00253 (S.D.N.Y., Jan. 11, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Macalester College -- https://www.macalester.edu/ -- is a private
liberal arts college in Saint Paul, Minnesota.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
METZ CULINARY: Ubry Sues Over Failure to Pay All Earned Wages
-------------------------------------------------------------
Dawn Ubry, and Kevin Boyce, individually and on behalfof all
similarly situated persons v. METZ CULINARY MANAGEMENT, LLC f/k/a
METZ CULINARY MANAGEMENT, INC., METZ ENTERPRISES, INC., and DOE
DEFENDANTS 1-10, Case No. 3:24-cv-00039-JKM (M.D. Pa., Jan. 9,
2024), is brought under he Fair Labor Standards Act of 1938
("FLSA"), the Pennsylvania Minimum Wage Act of 1968 ("PMWA"), and
Pennsylvania common law, as a result of the failure of the
Defendants to pay Plaintiffs all earned wages including overtime
wages.
The Plaintiffs allege on behalf of the Class and Collective that
their unpaid wage claims include: unpaid wages for straight time
hours worked for which they did not receive wages, unpaid wages for
overtime work for which they did not receive overtime premium pay,
and unpaid wages due to Defendants' imposition of a tip credit,
which reduced the hourly wages paid to Servers, when Defendants
were not entitled to impose a tip-credit. As a result of the
aforementioned pay practices, Plaintiffs and the members of the
Collective and Class were illegally undercompensated for their
work, says the complaint.
The Plaintiffs were employed by the Defendants as Servers.
The Defendants own, operate, manage and/or control approximately
nine TGI Fridays restaurants located in Pennsylvania and New
Jersey.[BN]
The Plaintiff is represented by:
Peter C. Wood, Jr., Esq.
MOBILIO WOOD
900 Rutter Ave., Box 24
Forty Fort, PA 18704
Phone: (570) 234-0442
Fax: (570) 266-5402
Email: peter@mobiliowood.com
- and -
Alex Pisarevsky, Esq.
COHN LIFLAND PEARLMAN HERRMANN & KNOPF LLP
Park 80 West-Plaza One
250 Pehle Avenue, Suite 401
Saddle Brook, NJ 07663
Phone: (201) 845-9600
Fax: (201) 845-9423
Email: ap@njlawfirm.com
MICHAEL ARAM RETAIL: Hardiman Files TCPA Suit in S.D. Florida
-------------------------------------------------------------
A class action lawsuit has been filed against Michael Aram Retail,
LLC. The case is styled as Dionne Hardiman, individually and on
behalf of all others similarly situated v. Michael Aram Retail,
LLC., Case No. 9:24-cv-80029-XXXX (S.D. Fla., Jan. 11, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Michael Aram -- https://michaelaram.com/ -- creates exquisite,
handcrafted gifts, decor, jewelry, furniture, kitchen accessories,
and more.[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Ste. 1205
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
MISS KITTY'S: Must File Class Cert Opposition by Feb. 24
--------------------------------------------------------
In the class action lawsuit captioned as Jones v. Miss Kitty's,
Inc., Case No. 3:23-cv-01327 (S.D. Ill., Filed April 24, 2023), the
Hon. Judge Mark A. Beatty entered an order granting motion for
extension of time to file.
-- The deadline for Plaintiff to file a Motion for Class
Certification under Rule 23 and/or a Motion for Conditional
Certification of an FLSA Collective Action is extended to
January
15, 2024.
-- The Defendant's response(s) in opposition are now due on or
before
Feb. 14, 2024.
-- The Plaintiff's reply(ies), if any, are now due on or before
Feb. 28, 2024.
The suit alleges violation of the Fair Labor Standards Act
(FLSA).[CC]
MR COOPER: Hughes Suit Transferred to N.D. Texas
------------------------------------------------
The case styled as Brian Hughes, Brian Reno, Terri Reno,
individually and on behalf of all others similarly situated v.
Nationstar doing business as: Mr Cooper, Case No. 4:23-cv-00939 was
transferred from the U.S. District Court for the Western District
of Missouri, to the U.S. District Court for the Northern District
of Texas on Jan. 11, 2024.
The District Court Clerk assigned Case No. 3:24-cv-00085-G to the
proceeding.
The nature of suit is stated as Torts/Pers Injury: Other Personal
Injury.
Nationstar doing business as Mr. Cooper --
https://www.mrcooper.com/ -- offers mortgage services.[BN]
The Plaintiffs are represented by:
Maureen M. Brady, Esq.
Lucy McShane, Esq.
MCSHANE & BRADY LLC
1656 Washington Street, Suite 120
Kansas City, MO 64108
Phone: (816) 888-8010
Fax: (816) 332-6295
The Defendant is represented by:
Edward T. Pivin, Esq.
LEWIS RICE LLC-STL
600 Washington Ave., Ste. 2500
St. Louis, MO 63101
Phone: (314) 444-7851
Fax: (314) 612-7851
Email: epivin@lewisrice.com
MUBI INC: Edwards Files Suit in Cal. Super. Ct.
-----------------------------------------------
A class action lawsuit has been filed against MUBI, Inc. The case
is styled as Samuel Edwards, Siosiua Mafoa, Maritza Hernandez,
Cinthia Davis, Dennis Depew, Michelle Brown, and others similarly
situated v. MUBI, Inc., Case No. 24CV428881 (Cal. Super. Ct., Santa
Clara Cty., Jan. 10, 2024).
The case type is stated as "Business Tort/Unfair Bus Prac Unlimited
(07)."
Mubi -- https://mubi.com/ -- is a global streaming platform,
production company and film distributor.[BN]
The Plaintiffs are represented by:
Caleb Lucas-Hansen Marker, Esq.
ZIMMERMAN REED, LLP
6420 Wilshire Blvd., Ste. 1080
Los Angeles, CA 90048-5539
Phone: 877-500-8780
Fax: 877-500-8781
MUSEUM OF SEX: Ruiz Sues Over Unlawful Service Charge
-----------------------------------------------------
Arling Ruiz, individually and on behalf of all others similarly
situated v. THE MUSEUM OF SEX LLC, Case No. 1:24-cv-00178
(S.D.N.Y., Jan. 9, 2024), is brought as a result of the Defendant
unlawful service charge and to seek relief in this action on behalf
of all other ticket purchasers for Defendant's place of
entertainment, the Museum of Sex NYC, for actual and/or statutory
damages, reasonable attorneys' costs and fees, and injunctive
relief under New York Arts and Cultural Affairs Law.
For over a year, Defendant has been nickel and diming visitors of
its Museum of Sex NYC on its website in violation of the New York
Arts and Cultural Affairs Law. Whenever a consumer selects an
admission ticket on the website https://museumofsex.com/, she is
quoted a fee-less price, only to be ambushed by a $4.00 "service
charge" – which is masked under the ambiguous category "taxes &
fees" – at checkout after clicking through the various screens
required to make a purchase. To make matters worse, a 4-minute
clock for the consumer to complete the transaction begins ticking
down on the final checkout page. Because New York is a busy place,
and because these fees are only flashed after a museum-goer selects
her ticket, and if and only if a museum goer clicks the question
mark icon next to "taxes & fees," Defendant can plausibly put its
consumers on a shot clock and tell them they need to act quick,
because Defendant cannot hold their spot admission time open
forever. This cheap trick has enabled Defendant to swindle
substantial sums of money from its customers, says the complaint.
The Plaintiff purchased two admission tickets to the Museum of Sex
NYC on or about October 6, 2022 through Defendant's website.
The Defendant owns and operates the Museum of Sex NYC.[BN]
The Plaintiff is represented by:
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Phone: (646) 837-7150
Facsimile: (212) 989-9163
Email: pfraietta@bursor.com
- and -
Stefan Bogdanovich, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Phone: (925) 300-4455
Facsimile: (925) 407-2700
Email: sbogdanovich@bursor.com
NATIONSTAR FINANCIAL: Watson Files Suit in N.D. Texas
-----------------------------------------------------
A class action lawsuit has been filed against Nationstar Financial,
Inc. The case is styled as Joshua Watson, on behalf of himself and
all others similarly situated v. Nationstar Financial, Inc. doing
business as: Mr Cooper, Case No. 3:24-cv-00064-X (N.D. Tex., Jan.
9, 2024).
The nature of suit is stated as Other Personal Injury for Other
Contract.
Nationstar Mortgage LLC, doing business as Mr. Cooper --
https://www.mrcooper.com/ -- offers mortgage services.[BN]
The Plaintiff is represented by:
Bruce William Steckler, Esq.
Paul D. Stickney, Esq.
STECKLER WAYNE & LOVE PLLC
12720 Hillcrest Rd., Suite 1045
Dallas, TX 75230
Phone: (972) 387-4040
Fax: (972) 387-4041
Email: bruce@swclaw.com
judgestick@gmail.com
NATIONSTAR MORTGAGE: Schwartz Files Suit in N.D. Texas
------------------------------------------------------
A class action lawsuit has been filed against Nationstar Mortgage
LLC. The case is styled as Madeleine Schwartz, individually and on
behalf of all others similarly situated v. Nationstar Mortgage LLC
doing business as: Mr. Cooper, Case No. 3:24-cv-00050-G (N.D. Tex.,
Jan. 8, 2024).
The nature of suit is stated as Other Contract for Breach of
Contract.
Nationstar Mortgage LLC, doing business as Mr. Cooper --
https://www.mrcooper.com/ -- offers mortgage services.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC - DALLAS
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
NAVVIS & COMPANY: McCreary Files Suit in E.D. Missouri
------------------------------------------------------
A class action lawsuit has been filed against Navvis & Company,
LLC. The case is styled as Patricia McCreary, individually and on
behalf of all others similarly situated v. Navvis & Company, LLC
doing business as: Navvis, Case No. 4:24-cv-00041 (E.D. Mo., Jan.
9, 2024).
The nature of suit is stated as Other Contract for Contract
Dispute.
Navvis & Company -- https://www.navvishealthcare.com/ -- is a
solutions firm assisting physicians and health networks with health
management.[BN]
The Plaintiff is represented by:
Tiffany M. Yiatras, Esq.
CONSUMER PROTECTION LEGAL
308 Hutchinson Road
Ellisville, MO 63011
Phone: (314) 541-0317
Fax: (855) 710-7706
Email: tiffany@consumerprotectionlegal.com
NAVY FEDERAL CREDIT: Tanner Files TCPA Suit in S.D. Florida
-----------------------------------------------------------
A class action lawsuit has been filed against Navy Federal Credit
Union. The case is styled as Linda Diane Tanner, individually and
on behalf of all other similarly situated v. Navy Federal Credit
Union, Case No. 3:24-cv-00069-B-BN (S.D. Fla., Jan. 9, 2024).
The nature of suit is stated as Other Civil Rights.
Navy Federal Credit Union -- https://www.navyfederal.org/ -- is a
global credit union headquartered in Vienna, Virginia, chartered
and regulated under the authority of the National Credit Union
Administration.[BN]
The Plaintiff appears pro se.
NORTHWELL HEALTH: K.M. Suit Transferred to E.D. New York
--------------------------------------------------------
The case captioned as K.M., Kathyann Mclendon, on behalf of herself
and all others similarly situated v. Northwell Health, Inc., Case
No. 1:23-cv-08407 was transferred from the U.S. District Court for
the Southern District of New York, to the U.S. District Court for
the Eastern District of New York on Jan. 11, 2024.
The District Court Clerk assigned Case No. 1:24-cv-00267-DLI-SJB to
the proceeding.
The nature of suit is stated as Other P.I. for Contract Dispute.
Northwell Health -- https://www.northwell.edu/ -- is a nonprofit
integrated healthcare network that is New York State's largest
healthcare provider and private employer, with more than 81,000
employees.[BN]
The Plaintiff is represented by:
Dylan J. Gould, Esq.
Terence Coates, Esq.
MARKOVITS STOCK & DEMARCO, LLC
119 East Court Street, Suite 530
Cincinnati, OH 45202
Phone: (513) 651-3700
Fax: (513) 665-0219
Email: dgould@msdlegal.com
tcoates@msdlegal.com
- and -
Douglas H. Sanders, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
1311 Ponce De Leon Avenue
San Juan, PR 00907
Phone: (516) 203-7616
Email: dsanders@thesandersfirm.com
The Defendant is represented by:
Paul Conniff, Esq.
ROPES & GRAY LLP
1211 Avenue of the Americas
New York, NY 10036
Phone: (212) 596-9000
Fax: (212) 596-9090
Email: Christopher.Conniff@ropesgray.com
- and -
Kathryn E Caldwell, Esq.
ROPES & GRAY LLP
Prudential Tower
800 Boylston Street
Boston, MA 02199
Phone: (617) 951-7000
Email: kathryn.caldwell@ropesgray.com
O'NEIL DIGITAL: Fails to Pay Minimum & OT Wages, Johnson Alleges
----------------------------------------------------------------
KAYRI JOHNSON v. O'NEIL DIGITAL SOLUTIONS, LLC; TAYLOR NICOLE
PROFESSIONALS, INC.; and DOES 1 to 25, inclusive, Case No.
24STCV00390 (Cal. Super., Jan. 5, 2024) contends that the Defendant
did not compensate the Plaintiff and other similarly situated
aggrieved employees for all hours worked pursuant to California
Labor Code sections 1194, 1197 and 1197.1.
The Plaintiff and others were not paid for all hours worked and
were not paid for time that they worked "off the clock." This is so
because the company had a policy and practice of rounding down
hours worked and "time shaving," the lawsuit asserts.
Moreover, to the extent employees worked through their meal periods
and those meal periods were interrupted, they were not compensated
for that time, which would be akin to a minimum wage violation. Due
to the "off the clock" violations and as a matter of company
policy, the Defendant violated Labor Code section 510 because it
failed to pay the Plaintiff and other similarly situated aggrieved
employees overtime, even though they worked more than 8 hours per
day, 12 hours per day, and/or 40 hours per week throughout their
employment, the lawsuit adds.
In addition, the Defendant did not include bonuses and/or incentive
payments in calculating employees' true regular rate of pay for
purposes of deciphering their correct overtime rate of pay.
Additionally, the incentive and bonus payments were also not
factored into employees' regular rate for purposes of receiving
meal and rest break premiums per the Ferra v. Loews case, alleges
the lawsuit.
The Plaintiff started working for O'Neil Digital in October 2022.
During his employment, the Plaintiff was classified as an hourly,
non-exempt employee. The Plaintiff's employment ended on February
2023.
O'Neil is a printing company offering digital printing
solutions.[BN]
The Plaintiff is represented by:
Harout Messrelian, Esq.
MESSRELIAN LAW INC.
500 N. Central Ave., Suite 840
Glendale, CA 91203
Telephone: (818) 484-6531
Facsimile: (818) 956-1983
OCCIDENTAL COLLEGE: Senior Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Occidental College.
The case is styled as Milagros Senior, on behalf of herself and all
other persons similarly situated v. Occidental College, Case No.
1:24-cv-00219 (S.D.N.Y., Jan. 10, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Occidental College -- https://www.oxy.edu/ -- is a private liberal
arts college in Los Angeles, California.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
PARAMOUNT COIN: Mahoney Files ADA Suit in S.D. Florida
------------------------------------------------------
A class action lawsuit has been filed against Paramount Coin and
Collectibles, LLC. The case is styled as Mark Mahoney, on behalf of
himself and all other similarly situated v. Paramount Coin and
Collectibles, LLC, Case No. 9:24-cv-80032-AMC (S.D. Fla., Jan. 11,
2024).
The nature of suit is stated as Other Fraud.
Paramount Coin and Collectibles LLC --
https://www.paramountcoin.org/ -- offer a wide selection of
bullion, shipwreck, and rare coins to suit the interests of
collectors of all levels.[BN]
The Plaintiff is represented by:
Gregg I. Shavitz, Esq.
SHAVITZ LAW GROUP, P.A.
951 Yamato Road, Suite 285
Boca Raton, FL 33432
Phone: (561) 447-8888
Fax: (561) 447-8831
Email: gshavitz@shavitzlaw.com
PARCHED HOSPITALITY: Hernandez Files ADA Suit in E.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Parched Hospitality
Group, Inc. The case is styled as Timothy Hernandez, on behalf of
himself and all others similarly situated v. Parched Hospitality
Group, Inc., Case No. 1:24-cv-00209 (E.D.N.Y., Jan. 10, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Parched Hospitality Group, Inc. (PHG) -- https://parchedhg.com/ --
is a multi-concept hospitality group synonymous with high quality
fare, innovation and unforgettable experiences.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
PAULA LEDUC INC: Booker Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Paula Leduc, Inc., et
al. The case is styled as Tyree Booker, individually and on behalf
of others similarly situated v. Paula Leduc, Inc. d/b/a Paula Leduc
Fine Catering, Does 1 through 25, Inclusive, Case No. CGC24611511
(Cal. Super. Ct., San Francisco Cty., Jan. 9, 2024).
The case type is stated "Other Non-Exempt Complaints."
Paula Leduc, Inc. doing business as Paula LeDuc Fine Catering &
Event -- https://www.paulaleduc.com/ -- is the San Francisco Bay
Area's premier catering and events company for wedding, social and
corporate events.[BN]
The Plaintiff is represented by:
Jonathan M. Genish, Esq.
BLACKSTONE LAW
8383 Wilshire Blvd., Ste. 745
Beverly Hills, CA 90211-2442
Phone: 855-786-6355
Fax: 855-786-6356
Email: jgenish@blackstonepc.com
PERFORMANCE DESIGNED: Senior Files ADA Suit in S.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against Performance Designed
Products LLC. The case is styled as Milagros Senior, on behalf of
herself and all other persons similarly situated v. Performance
Designed Products LLC, Case No. 1:24-cv-00254 (S.D.N.Y., Jan. 11,
2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Performance Designed Products LLC (PDP) -- https://pdp.com/ --
designs, develops, manufactures, and sells video game
accessories.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
PERRY JOHNSON: Slotchiver Files Suit in D. South Carolina
---------------------------------------------------------
A class action lawsuit has been filed against Perry Johnson &
Associates, Inc. The case is styled as Stacey Slotchiver,
individually and on behalf of all others similarly situated v.
Perry Johnson & Associates, Inc., Case No. 2:24-cv-00155-RMG
(D.S.C., Jan. 10, 2024).
The nature of suit is stated as Other Contract for Personal
Injury.
Perry Johnson & Associates -- http://www.pjats.com/-- offers
solutions for healthcare operations like clinical documentation,
coding, AI consultation and telehealth.[BN]
The Plaintiff is represented by:
Blake Garrett Abbott, Esq.
Paul J. Doolittle
POULIN WILLEY ANASTOPOULO LLC
32 Ann Street
Charleston, SC 29403
Phone: (843) 834-4712
Email: blake@akimlawfirm.com
pauld@akimlawfirm.com
- and -
Daniel Scott Slotchiver, Esq.
SLOTCHIVER AND SLOTCHIVER LLP
751 Johnnie Dodds Boulevard, Suite 100
Mount Pleasant, SC 29464
Phone: (843) 577-6531
Fax: (843) 577-0261
Email: dan@slotchiverlaw.com
PORTFOLIO RECOVERY: Faces Tipoo Suit Over Telephonic Sale Calls
---------------------------------------------------------------
MOHAMMED A. TIPOO v. PORTFOLIO RECOVERY ASSOCIATES, LLC and JOHN
DOES 1-25, Case No. 1:24-cv-00131-BMC (E.D.N.Y., Jan. 5, 2024) is a
class action seeking redress for the Defendant's actions which
violate the Telephone Consumer Protection Act.
On January of 2012, the Defendant began a telephone campaign by
calling the Plaintiff's cellular telephone number. These phone
calls were made several times a day, on a daily basis, with such
frequency as can reasonably be expected to harass.
The calls came from several different phone numbers including
757-506-0177, 731-577-4171, 205-484-0134 and 731-410-3139.
Soon thereafter the Plaintiff answered one of the phone calls and
the Defendant stated that they were looking for Marcy from Far
Rockaway, NY. During the phone call the Plaintiff explicitly told
the Defendant that they had the wrong number and to stop calling
his cellular telephone, the suit says.
The Defendant had ignored the Plaintiff's request and continued to
call Plaintiff's cellular phone numerous times on a daily basis,
the suit adds.
Accordingly, the Defendant has called Plaintiff over 100 times
within the last four (4) years. The telephone calls at issue were
placed by the Defendant using an automated telephone dialing
system.
The Defendant allegedly initiated each of the calls at issue to the
Plaintiff's cellular telephone without the prior express consent of
the Plaintiff. As a direct and proximate result of the Defendants
acts or omissions, the Plaintiff has suffered compensatory,
statutory, and actual damages, says the suit.
The Plaintiff is a natural person and a resident of the Atoria, New
York.
Portfolio Recovery specializes in working with people in debt
repayment.[BN]
The Plaintiff is represented by:
Ari Marcus, Esq.
MARCUS LAW, LLC
1500 Allaire Avenue, Suite 101
Ocean, NJ 07712
Telephone: (732) 695-3282
Facsimile: (732) 298-6256
PORTFOLIO RECOVERY: Tipoo Class Suit Transferred to E.D.N.Y.
------------------------------------------------------------
The class action lawsuit captioned as Tipoo v. Portfolio Recovery
Associates, LLC et al., Case No. 3:15-cv-01350 (Filed May 20, 2015)
was transferred from the California Southern District to the United
States District Court for the Eastern District of New York on Jan.
5, 2024.
The Eastern New York District Court Clerk assigned Case No.
1:24-cv-00131-BMC to the proceeding.
The nature of suit states Other Statutory Actions.
The case is assigned to the Hon. Judge Brian M. Cogan.
Portfolio Recovery specializes in working with people in debt
repayment.[BN]
The Plaintiff is represented by:
Ari H. Marcus, Esq.
MARCUS & ZELMAN LLC
1500 Allaire Avenue, Suite 101
Ocean, NJ 07771
Telephone: (732) 695-3282
Facsimile: (732) 298-6256
E-mail: ari@marcuszelman.com
The Defendants are represented by:
Thomas R Dominczyk, Esq.
MAURICE WUTSCHER LLP
5 Walter Foran Blvd, Suite 2007
Flemington, NJ 08822
Telephone: (908) 237-4550
Facsimile: (908) 237-4551
E-mail: tdominczyk@mauricewutscher.com
POSTMEDS INC: Cohen Suit Transferred to N.D. California
-------------------------------------------------------
The case captioned as Daniel Cohen, Mayra Mendez, on behalf of
themselves and all others similarly situated v. PostMeds, Inc.,
Does 1 through 100, inclusive, Case No. 2:23-cv-10664 was
transferred from the U.S. District Court for the Central District
of California, to the U.S. District Court for the Northern District
of California on Jan. 9, 2024.
The District Court Clerk assigned Case No. 4:24-cv-00134-HSG to the
proceeding.
The nature of suit is stated as Other Personal Property for Account
Receivable.
PostMeds, Inc., doing business as TruePill --
https://www.truepill.com/ -- provides online pharmacy delivery
services.[BN]
The Plaintiff is represented by:
James Michael Treglio, Esq.
Mark D. Potter, Esq.
Potter Handy, LLP
100 Pine Street Suite 1250
San Diego, CA 92111
Phone: (415) 534-1911
Fax: (888) 422-5191
Email: jimt@potterhandy.com
mark@potterhandy.com
The Defendant is represented by:
Marcus Shane McCutcheon, Esq.
BAKER AND HOSTETLER LLP
600 Anton Boulevard, Suite 900
Costa Mesa, CA 92626
Phone: (714) 754-6000
Fax: (714) 754-6611
Email: mmccutcheon@bakerlaw.com
PRIME CEREAL: Fails to Pay Car Wash Attendant's OT Wages Under FLSA
-------------------------------------------------------------------
CORNELIUS SMITH V. PRIME CEREAL, LLC, SERIES ONE OF PRIME CEREAL,
LLC DBA THE LOCAL WASH AND THOMAS KNAPP, Case No. 2:24-cv-00003-JRG
(E.D. Tex., Jan. 5, 2024) is a class action brought by the
Plaintiff, on behalf of himself and similarly situated, alleging
that the Defendants failed to pay overtime wages pursuant to the
Fair Labor Standards Act.
The lawsuit claims that the Defendants misclassified the Plaintiff
as an exempt employee. Accordingly, the Defendants suffered or
permitted the Plaintiff to work more than 40 hours in a work week
but did not pay him overtime wages. Instead, the Defendants paid
Plaintiff an hourly rate with no compensation for hours worked over
40 in each work week.
The Plaintiff was not required to clock in/clock to record his
worktime. The Plaintiff worked 65 hours per week. However, the
Plaintiff was not paid overtime wages at one and one-half times his
regular hourly rate for all hours worked in excess of 40 hours in a
work week, the suit alleges.
The Plaintiff was employed by The Local Wash in Marshall, Texas as
a car wash attendant.[BN]
The Plaintiff is represented by:
William S. Hommel, Jr., Esq.
HOMMEL LAW FIRM PC
5620 Old Bullard Road, Suite 115
Tyler, TX 75703
Telephone: (903) 596-7100
Facsimile: (903) 596-7100
E-mail: bhommel@hommelfirm.com
PROGRESS SOFTWARE: Fails to Prevent Data Breach, Duffy Alleges
--------------------------------------------------------------
MOIRA DUFFY, individually and on behalf of all others similarly
situated, Plaintiff v. PROGRESS SOFTWARE CORPORATION; WELLTOK,
INC., and SUTTER HEALTH, Defendants, Case No. 3:24-cv-00185-LJC
(N.D. Cal., Jan. 10, 2024) is an action lawsuit on behalf of all
persons who entrusted the Defendants with sensitive personal
information that was exposed in a data breach when, on May 30,
2023, an unauthorized third party accessed Welltok's internal
MOVEit Transfer servers, which contained individuals' sensitive
personally identifying information and personal health
information.
According to the complaint, the Defendants failed to properly
secure and safeguard Plaintiff's and the Class's PII that was
stored within the MOVEit servers. Despite purporting to act as a
safe container for sensitive information, Defendants failed to take
precautions designed to keep that information secure.
The Defendants owed and owe a duty to Plaintiff and Class members
to maintain adequate security measures to safeguard the PII with
which they were entrusted with. The Defendants breached their duty
by failing to implement and/or maintain adequate security
practices. As a result of the Defendants' inadequate digital
security and notice process, Plaintiff's and Class members' PII and
PHI was exposed to criminals. Plaintiff and the Class have suffered
and will continue to suffer injuries including financial losses
caused by misuse of PII and PHI; the loss or diminished value of
their PII as a result of the Data Breach; lost time associated with
detecting and preventing identity theft; and theft of personal,
medical, and financial information, says the suit.
PROGRESS SOFTWARE CORPORATION develops, markets, and distributes
applications. The Company offers databases, application, messaging
servers, and development tools. [BN]
The Plaintiff is represented by:
Robert C. Schubert, Esq.
Amber L. Schubert, Esq.
SCHUBERT JONCKHEER & KOLBE LLP
2001 Union St Ste 200
San Francisco, CA 94122
Telephone: (415) 788-4220
Facsimile: (415) 788-0161
Email: rschubert@sjk.law
aschubert@sjk.law
PUBLIX SUPER MARKETS: Rampalli Suit Transferred to E.D. New York
----------------------------------------------------------------
The case captioned as Krystal Rampalli, individually and on Behalf
of All Others Similarly Situated v. Publix Super Markets, Inc.,
Case No. 8:23-cv-02226 was transferred from the U.S. District Court
for the Middle District of Florida, to the U.S. District Court for
the Eastern District of New York on Jan. 9, 2024.
The District Court Clerk assigned Case No. 1:23-cv-09264-BMC to the
proceeding.
The nature of suit is stated as Other Contract.
Publix Super Markets, Inc. -- https://www.publix.com/ -- commonly
known as Publix, is an employee-owned American supermarket chain
headquartered in Lakeland, Florida.[BN]
The Plaintiff is represented by:
Blake G. Abbott, Esq.
Paul Doolittle, Esq.
Roy T. Willey, IV, Esq.
ANASTOPOULO LAW FIRM, LLC
32 Ann St
Charleston, SC 29403
Phone: (309) 265-5200
Email: blake@akimlawfirm.com
pauld@akimlawfirm.com
roy@akimlawfirm.com
- and -
R. Jason Richards, Esq.
Bryan Frederick Aylstock, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 E. Main Street, Ste. 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: jrichards@awkolaw.com
baylstock@awkolaw.com
The Defendant is represented by:
Brian T. Guthrie, Esq.
SAUL EWING LLP
1500 Market Street, 38th Floor
Centre Square Building
Philadelphia, PA 19102
Phone: (215) 972-7125
Fax: (215) 972-4168
Email: bguthrie@saul.com
QUALITY FURNITURE: Penaloza Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Quality Furniture &
Mattress, Inc., et al. The case is styled as Angelica Penaloza, on
behalf of all others similarly situated v. Quality Furniture &
Mattress, Inc., Quality Furniture N. Home Design, Inc., Furniture
Land California, Inc., Case No. BCV-24-100088 (Cal. Super. Ct.,
Kern Cty., Jan. 9, 2024).
The case type is stated as "Other Employment - Civil Unlimited."
Quality Furniture & Mattress Center --
https://qualityfurnituremattress.com/ -- is a Furniture store.[BN]
The Plaintiff is represented by:
Mehrdad Bokhour, Esq.
BOKHOUR LAW GROUP, PC
1901 Avenue Of The Stars, Ste. 450
Los Angeles, CA 90067-6006
Phone: 310-975-1493
Fax: 310-675-0861
Email: mehrdad@bokhourlaw.com
QUICK GRAB: Shakur Sues Over Unpaid Minimum, Overtime Wages
-----------------------------------------------------------
Kendall Shakur, on behalf of herself and others similarly situated
v. QUICK GRAB N GO LLC, a Florida Limited Liability Company, and
HASEEB A. KHAN, an individual, jointly and severally, Case No.
6:24-cv-00055 (M.D. Fla., Jan. 9, 2024), is brought pursuant to the
Fair Labor Standards Act of 1938 (hereinafter "FLSA"), to recover
unpaid minimum wages, unpaid overtime and compensation owed to
Plaintiff.
From December 30, 2022 until December 9, 2023, Plaintiff worked
more than 40 hours per week during many weeks of her employment,
without being paid the federally mandated wage for overtime.
Specifically, Plaintiff was paid only straight time for all hours
worked, even those hours in excess of forty per work week. The
Defendants violated the FLSA by failing to pay Plaintiff for all
overtime hours worked in excess of forty per week at the applicable
time and one-half rate. The Defendants pay all of their hourly wage
employees in the same fashion. There are several other current and
former employees who worked in various positions who were paid only
straight time for overtime hours, and are thus owed the half-time
premium as well, says the complaint.
The Plaintiff was employed as an hourly wage retail clerk by
Defendants from December 30, 2022 until her termination from
employment on December 9, 2023.
The Defendants operates retail gas station/convenience store in
Seminole County, Florida.[BN]
The Plaintiff is represented by:
Robert S. Norell, Esq.
ROBERT S. NORELL, P.A.
300 N.W. 70th Avenue, Suite 305
Plantation, FL 33317
Phone: (954) 617-6017
Facsimile: (954) 617-6018
Email: rob@floridawagelaw.com
RAH INDUSTRIES: Regalado Suit Seeks to Recover Minimum & OT Wages
-----------------------------------------------------------------
GREGORIO REGALADO, as an individual and on behalf of all others
similarly situated v. R.A.H. INDUSTRIES, INC.; a California
Corporation; and DOES 1 through 100, Case No. 24STCV00839 (Cal.
Super., Jan. 11, 2024) seeks to recover unpaid wages and penalties
under the California Business and Professions Code, and the
Industrial Welfare Commission Wage Order.
The Plaintiff contends that the Defendants utilized a timekeeping
system which resulted in the Plaintiff and other non-exempt
employees not being compensated for all hours actually worked,
whether by rounding, time-shaving, or otherwise.
Specifically, the Defendants rounded the Plaintiff's timekeeping
entries in an uneven manner to a quarter of an hour increment, so
that, over a period of time, the Plaintiff was deprived of all
earned minimum and overtime wages.
Further, the Defendants' meal period policies/practices failed to
provide the Plaintiff and other non-exempt employees with all
legally compliant meal periods because they failed to provide the
Plaintiff and other non-exempt employees with a timely, duty-free,
and uninterrupted 30-minute meal period commencing before the end
of the fifth hour of work, and/or a second 30-minute meal period
for shifts of over 10.0 hours. The Defendants also failed to
provide the Plaintiff and other non-exempt employees with 30
minutes of net rest in an area away from the work station that is
appropriate for rest, which employers are required by the Wage
Order to maintain for their employees during meal and rest periods,
the suit says.
The Plaintiff worked for the Defendants as a non-exempt employee in
the position of "Manual Machine Operator" (or similarly titled
position) from 2012 until May 2022.
RAH Industries manufactures parts and assemblies for use in
spacecraft, commercial and military aircraft, defense and homeland
security systems and a wide variety of commercial
applications.[BN]
The Plaintiff is represented by:
Paul K. Haines, Esq.
Sean M. Blakely, Esq.
Aden M. Khachadoorian, Esq.
HAINES LAW GROUP, APC
2155 Campus Drive, Suite 180
El Segundo, CA 90245
Telephone: (424) 292-2350
Facsimile: (424) 292-2355
E-mail: phaines@haineslawgroup.com
sblakely@haineslawgroup.com
akhachadoorian@haineslawgroup.com
RESTEK CORP: Fails to Protect Personal Info, Retorick Suit Alleges
------------------------------------------------------------------
KYLE RETORICK, on behalf of himself and all others similarly
situated v. RESTEK CORPORATION, Case No. 240101443 (Pa. Com. Pl.,
Philadelphia Cty., Jan. 11, 2024) sues the Defendant for failing to
protect the Class's highly sensitive personal identifiable
information.
From June 1, 2023, through June 9, 2023, the Defendant's computer
system was hacked. Yet, the Defendant waited over until December 5,
2023, before it began notifying the class -- a full 186 days after
the Defendant discovered its Data Breach. Thus, the Defendant kept
the Class in the dark -- thereby depriving the Class of the
opportunity to try and mitigate their injuries in a timely manner,
the suit contends.
Through its Data Breach, the Defendant compromised the Plaintiff's
name, Social Security number, date of birth, driver's license
number, employee identification number, health insurance
information, and financial account information, the suit adds.
The Defendant has allegedly done little to remedy its Data Breach.
True, the Defendant has offered some victims credit monitoring and
identity related services. But such services are wholly
insufficient to compensate the Plaintiff and Class members for the
injuries that the Defendant inflicted upon them. Because of
Defendant's failure to prevent the Data Breach, the Plaintiff and
Class members suffered -- and will continue to suffer -- damages.
These damages include monetary losses, lost time, anxiety, and
emotional distress. Accordingly, the Plaintiff has already suffered
from identity theft and fraud. In October 2023, a cybercriminal
masquerading as the Plaintiff attempted to fraudulently change the
Plaintiff's bank account password -- which triggered the bank to
lock the Plaintiff's account. Thereafter, the Plaintiff spent time
trying to unlock his bank account, the suit further asserts.
Plaintiff Kyle Retorick is a former employee of the Defendant --
having worked for the Defendant from 2014 until January 2023.
The Defendant is a developer and manufacturer of chromatography
columns, sample preparation and collection products, reference
standards, and instrument accessories.[BN]
The Plaintiff is represented by:
Patrick Howard, Esq.
SALTZ MONGELUZZI & BENDESKY P.C.
One Liberty Place, 52nd Floor
1650 Market Street
Philadelphia, PA 19103
Telephone: (215) 575-3895
E-mail: phoward@smbb.com
- and -
Samuel J. Strauss, Esq.
Raina Borrelli, Esq.
TURKE & STRAUSS LLP
613 Williamson Street, Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
E-mail: sam@turkestrauss.com
raina@turkestrauss.com
RETINA GROUP: Vance Sues Over Failure to Safeguard PII and PHI
--------------------------------------------------------------
Shalane Vance, and Sharon Jenkins, individually, and on behalf of
all others similarly situated v. The Retina Group of Washington,
PLLC, Case No. 8:24-cv-00079-TDC (D. Md., Jan. 9, 2024), is brought
to seek relief for the consequences of Defendant's failure to
reasonably safeguard Plaintiffs' and Class members' Private
Information; its failure to reasonably provide timely notification
that Plaintiffs' and Class members' Private Information had been
compromised by an unauthorized third party; and for intentionally
and unconscionably deceiving Plaintiffs and Class members
concerning the status, safety, location, access, and protection of
their Private Information.
As part of its services, RGW collects, maintains, and stores highly
sensitive personal and medical information belonging to its
patients, including, but not limited to: names, Social Security
numbers, driver's license or government-issued identification
numbers, dates of birth, addresses, telephone numbers, email
addresses, and demographic information (collectively, "personally
identifying information" or "PII"), information regarding medical
record numbers, and dates of service ("private health information"
or "PHI"), as well as health, payment, and insurance information
(collectively, with PII and PHI, "Private Information").
On March 26, 2023, RGW experienced a data breach incident in which
an unauthorized party accessed certain patient information from
RGW's network. Between July 7, 2023 and November 4, 2023, RGW
included a notification regarding this data breach incident on its
website, but did not disclose that the data breach involved current
and former patients' Private Information. According to RGW, on
December 8, 2023, it discovered that some sensitive Private
Information may have been impacted. On December 22, 2023, RGW
issued data breach notices to individuals whose information was
believed to have been accessed in this incident, including
Plaintiffs and Class members.
Ultimately, RGW failed to fulfill these obligations as an
unauthorized party breached RGW's information systems and databases
and accessed vast quantities of Private Information belonging to
Plaintiffs and Class members. This breach and the successful
exfiltration of Private Information were direct, proximate, and
foreseeable results of multiple failings on the part of RGW.
The data breach occurred because RGW inexcusably failed to
implement reasonable security protections to safeguard its
information systems and databases. Prior to the Data Breach, RGW
failed to inform the public that its data security practices were
deficient and inadequate. Had Plaintiffs and Class members been
made aware of this fact, they would have never provided their
Private Information to RGW, says the complaint.
The Plaintiff is a resident of Chevy Chase, Maryland and was a
former patient of RGW in 2021.
RGW is a Maryland-based healthcare provider specializing in
ophthalmology for retina diseases and vitreoretinal surgery.[BN]
The Plaintiff is represented by:
James P. Ulwick, Esq.
KRAMON & GRAHAM, P.A.
One South Street, Suite 2600
Baltimore, MD 21202
Phone: (410) 752-6030
Email: julwick@kg-law.com
- and -
Daniel O. Herrera, Esq.
Nickolas J. Hagman, Esq.
Mohammed A. Rathur, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP
135 S. LaSalle, Suite 3210
Chicago, IL 60603
Phone: (312) 782-4880
Facsimile: (312) 782-4485
Email: dherrera@caffertyclobes.com
nhagman@caffertyclobes.com
mrathur@caffertyclobes.com
ROCK AND ROLL: Slade Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against The Rock and Roll
Hall of Fame and Museum, Inc. The case is styled as Linda Slade,
individually and as the representative of a class of similarly
situated persons v. The Rock and Roll Hall of Fame and Museum,
Inc., Case No. 1:24-cv-00155 (S.D.N.Y., Jan. 9, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Rock and Roll Hall of Fame and Museum, Inc. --
https://www.rockhall.com/ -- is a nonprofit organization that
exists to engage, teach, and inspire through the power of rock and
roll.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
SAM'S WEST: Sanchez Seeks to Certify Rule 23 Classes & Subclass
---------------------------------------------------------------
In the class action lawsuit captioned as CARLOS SANCHEZ,
individually and on behalf of other individuals similarly situated,
v. SAM'S WEST, INC. dba SAM'S CLUB, an Arkansas corporation, Case
No. 2:21-cv-05122-SVW-JC (C.D. Cal.), the Plaintiff asks the Court
to enter an order certifying the following class under Rules 23(a)
and (b)(3) of the Federal Rules of Civil Procedure:
-- Monetary Relief Class
"All current and former non-exempt employees who worked one or
more "closing shifts" (defined as a shift in which the
Associate's punches reflect that they clocked out for the day
at
any time at or between 10:00 p.m. and 6:00 a.m.) for Defendant
in
California at the following store locations: (1) Bakersfield
No.
4819; (2) Chino No. 6610; (3) Citrus Heights No. 4799; (4)
Concord No. 6612; (5) Corona No. 4709; (6) El Monte No. 6614;
(7)
Glendora No. 6240; (8) La Habra No. 4735; (9) Murrieta No.
4822;
(10) Oxnard 6455; (11) Palm Desert No. 6609; (12) Palmdale no.
4767; (13) Riverside No. 6378; (14) Roseville No. 6621; (15)
Sacramento No. 6622; (16) San Bernardino No. 6624; (17) San
Diego
No. 6235; (18) Santa Clarita No. 4824; (19) Torrance No. 6628;
(20) Vacaville No. 6433; and /or (21) Yuba City No. 6405, at
any
time from June 23, 2018 until the date class notice is
provided
under Fed. R. Civ. P. 23(c)(2)."
Excluded from the Class are any individuals who held or hold
the
position of team lead.
The Plaintiff further seeks to certify the following subclass:
-- Termination Wages Subclass
"All members of the Monetary Relief Class who no longer work
for
Defendant."
The Plaintiff Carlos Sanchez further moves for an Order certifying
the following class under Rules 23(a) and (b)(2) of the Federal
Rules of Civil Procedure:
-- Injunctive Relief Class
"All current and former non-exempt employees who worked one or
more "closing shifts" (defined as a shift in which the
Associate's punches reflect that they clocked out for the day
at
any time at or between 10:00 p.m. and 6:00 a.m.) for Defendant
in
California at the following store locations: (1) Bakersfield
No.
4819; (2) Chino No. 6610; (3) Citrus Heights No. 4799; (4)
Concord No. 6612; (5) Corona No. 4709; (6) El Monte No. 6614;
(7)
Glendora No. 6240; (8) La Habra No. 4735; (9) Murrieta No.
4822;
(10) Oxnard No. 6455; (11) Palm Desert No. 6609; (12) Palmdale
No. 4767; (13) Riverside No. 6378; (14) Roseville No. 6621;
(15)
Sacramento No. 6622; (16) San Bernardino No. 6624; (17) San
Diego
No. 6235; (18) Santa Clarita No. 4824; (19) Torrance No. 6628;
(20) Vacaville No. 6433; and /or (21) Yuba City No. 6405, at
any
time from June 23, 2017 until the date class notice is
provided
under Fed. R. Civ. P. 23(c)(2)."
Excluded from the Class are any individuals who held or hold
the
position of team lead Plaintiff further moves the Court to
appoint Plaintiff Carlos Sanchez to represent the classes
under
Fed. R. Civ. P. 23(a)(4), and Bradley Grombacher LLP to serve
as
class counsel under Fed. R. Civ. P. 23(g)(1) & (4).
The Plaintiff Carlos Sanchez filed this putative wage and hour
class action, seeking recovery for unpaid waiting time wages
against Sam's West Inc.
Under the Defendant's uniform policies, employees working closing
shifts are confined inside Defendant's locked stores after they
have clocked out, until they are released from the secured premises
by a key-carrying supervisor.
Sam's West is an American chain of membership-only warehouse club
retail stores owned and operated by Walmart Inc.
A copy of the Plaintiff's motion dated Jan. 3, 2024 is available
from PacerMonitor.com at https://bit.ly/3Sjjb9i at no extra
charge.[CC]
The Plaintiff is represented by:
Marcus J. Bradley, Esq.
Kiley L. Grombacher, Esq.
Lirit A. King, Esq.
BRADLEY/GROMBACHER, LLP
31365 Oak Crest Drive, Suite 240
Westlake Village, CA 91361
Telephone: (805) 270-7100
Facsimile: (805) 270-7589
E-mail: mbradley@bradleygrombacher.com
kgrombacher@bradleygrombacher.com
lking@bradleygrombacher.com
- and -
Sahag Majarian, II, Esq.
MAJARIAN LAW GROUP APC
18250 Ventura Boulevard
Tarzana, CA 91356
Telephone: (818) 609-0807
Facsimile: (818) 609-0892
E-mail: sahagii@aol.com
SDH SERVICES: Fails to Pay Floor Technicians' Minimum & OT Wages
----------------------------------------------------------------
CESAR VELEZ CERNA, v. SDH SERVICES WEST LLC; and DOES 1 to 25,
inclusive, Case No. 24STCV00321 (Cal. Super., Jan. 5, 2024)
contends that SDH did not provide the Plaintiff and other aggrieved
employees with compensation for all hours worked, including minimum
wages and overtime wages.
The Plaintiff and others worked "off the clock" due to their meal
breaks being interrupted with work obligations and work duties.
Additionally, the Plaintiff and others also worked "off the clock"
and were not paid for all hours worked because SDH had a company
policy wherein they would disproportionately round down the number
of hours worked by the Plaintiff and other aggrieved employees,
resulting in "time shaving" and further resulting in aggrieved
employees not being paid for all hours worked, the lawsuit alleges.
In addition, Plaintiff and others were not compensated for the time
it takes to clock in and clock out of the workplace despite being
under the control of the employer. Due to the "off the clock"
violations and due to rounding/ "time shaving," SDH also violated
Labor Code section 510 because it failed to pay the Plaintiff and
other aggrieved employees overtime compensation, even though they
worked more than 8 hours per day, 12 hours per day, and/or 40 hours
per week throughout their employment, the lawsuit claims.
SDH failed to include bonuses/incentive payments in calculating the
Plaintiff's and other employees' regular rate of pay for use in
deciphering the correct overtime rate of pay. Additionally, the
incentive and bonus payments were also not factored into the
Plaintiff's and others' regular rate for purposes of receiving meal
and rest break premiums, the lawsuit further alleges.
The Plaintiff started working for SDH on January 7, 2022 as a floor
technician. During his employment tenure, the Plaintiff was
classified as an hourly, non-exempt employee. The Plaintiff latest
rate of pay was $22.90 per hour. The Plaintiff is still employed by
SDH.
SDH is a company doing business in California.[BN]
The Plaintiff is represented by:
Harout Messrelian, Esq.
MESSRELIAN LAW INC.
500 N. Central Ave., Suite 840
Glendale, CA 91203
Telephone: (818) 484-6531
Facsimile: (818) 956-1983
SECOND AVENUE: Rahaman Sues Over Unpaid Overtime Wages
------------------------------------------------------
Mizanoor Rahaman, on behalf of himself and all other persons
similarly situated v. SECOND AVENUE CATERING INC., Case No.
1:24-cv-00172 (S.D.N.Y., Jan. 9, 2024), is brought against
Defendant as an opt-in collective action for violations of the Fair
Labor Standards Act and supporting regulations ("FLSA"), and as an
opt-out Rule 23 class action for violations of New York Labor Law
and the supporting New York State Department of Labor regulations
(collectively, "NYLL") and the New York City Fair Workweek Law and
to recover from Defendant: unpaid wages, including unpaid overtime
wages, unpaid tips, unpaid spread of hours wages, and unpaid New
York City Fair Workweek law premiums; liquidated damages; and
interest, attorneys' fees and costs.
The Defendant failed to pay the Plaintiff overtime wages, earned
tips, and spread of hours pay, in violation of the FLSA and NYLL.
Defendant also failed to provide the Plaintiff with appropriate
notice of schedules and schedule changes as required by the New
York City Fair Workweek Law and failed to pay the Plaintiff the
premiums required by that law, says the complaint.
The Plaintiff began working as a Subway employee at Defendant's
Subway Restaurant on September 7, 2022.
The Defendant is a Subway restaurant franchisee operating a Subway
restaurant.[BN]
The Plaintiff is represented by:
Benjamin Rudolph Delson, Esq.
Alexander Granovsky, Esq.
GRANOVSKY & SUNDARESH PLLC
48 Wall Street, 11th Floor
New York, NY 10005
Phone: (646) 524-6001
Email: delson@g-s-law.com
ag@g-s-law.com
SHERWIN K. PARIKH: Erkan Files ADA Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Sherwin K. Parikh MD,
P.C. The case is styled as Nihal Erkan, on behalf of herself and
all others similarly situated v. Sherwin K. Parikh MD, P.C., Case
No. 1:24-cv-00280 (E.D.N.Y., Jan. 12, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Dr. Sherwin K. Parikh is a dermatologist in New York, New
York.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
SPARK DRIVER: Reed Sues Over Failure to Pay Wages
-------------------------------------------------
Christopher Reed, on behalf of himself and all others similarly
situated v. SPARK DRIVER, WALMART, INC., and DELIVERY DRIVERS,
INC., Case No. 3:24-cv-00057-IM (D. Ore., Jan. 9, 2024), is brought
against the Defendants for failure to pay wages in violation of the
Fair Labor Standards Act ("FLSA") and Oregon wage and hour laws.
This action stems from Defendants' policies and practices of:
failing to pay minimum wages to Plaintiff, Classes and Collective
Members; failing to pay all overtime wages to Plaintiff, Classes
and Collective Members; failure to pay straight-time wages to
Plaintiff, Classes and Collective Members; failing to provide true
and accurate itemized wage statements to Plaintiff and Classes
Members; and failing to timely pay Plaintiff and members of Classes
all wages due upon separation from employment, says the complaint.
The Plaintiff has been employed by Defendants as a Delivery Driver
from September 2022 until November 16, 2023, when Defendants
terminated his employment.
Walmart is a retail company that operates throughout Oregon and
employs hundreds of hourly, non-exempt workers in Oregon.[BN]
The Plaintiff is represented by:
Whitney Stark, Esq.
ALBIES, STARK & GUERRIERO
1500 SW First Avenue, Suite 1000
Portland, OR 97201
Phone: (503) 308-4770
Facsimile: (503) 427-9292
Email: whitney@albiesstark.com
- and -
Carolyn H. Cottrell, Esq.
David C. Leimbach, Esq.
Robert E. Morelli, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Phone: (415) 421-7100
Facsimile: (415) 421-7105
Email: ccottrell@schneiderwallace.com
dleimbach@schneiderwallace.com
rmorelli@schneiderwallace.com
SPECSEATS INTL: Senior Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Specseats Intl. Corp.
The case is styled as Milagros Senior, on behalf of herself and all
other persons similarly situated v. Specseats Intl. Corp., Case No.
1:24-cv-00255-ER (S.D.N.Y., Jan. 11, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Spec Seats -- https://www.specseats.com/ -- is a proud partner with
the NCAA and NBA, working to provide high quality courtside chairs
and portable seating options for any venue.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: nyjg@aol.com
michael@gottlieb.legal
STATE FARM: Court Directs Filing of Discovery Plan in Brown Suit
----------------------------------------------------------------
In the class action lawsuit captioned as Brown v. State Farm Mutual
Automobile Insurance Company, Case No. 4:23-cv-04184-MMM-JEH (C.D.
Ill.), the Hon. Judge Jonathan E. Hawley entered a standing order
as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
State Farm is a group of mutual insurance companies throughout the
United States.
A copy of the Court's order dated Jan. 3, 2024 is available from
PacerMonitor.com at https://bit.ly/47AwfvE at no extra charge.[CC]
SWEETGREEN INC: Colak Files ADA Suit in E.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Sweetgreen, Inc. The
case is styled as Ali Colak, on behalf of himself and all others
similarly situated v. Sweetgreen, Inc., Case No. 2:24-cv-00198
(E.D.N.Y., Jan. 10, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Sweetgreen -- http://www.sweetgreen.com/-- is an American fast
casual restaurant chain that serves salads.[BN]
The Plaintiff is represented by:
PeterPaul Elhamy Shaker, Esq.
STEIN SAKS, PLLC
1 University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: pshaker@steinsakslegal.com
TRANS UNION: Faces Ahmed Suit Over Alleged FCRA Violations
----------------------------------------------------------
HALA AHMED; and MAALI SALIM, individually and on behalf of all
others similarly situated, Plaintiffs v. TRANS UNION LLC;
TRANSUNION RENTAL SCREENING SOLUTIONS, INC.; and RENTSPREE, INC.,
Defendants, Case No. 8:24-cv-00057 (C.D. Cal., Jan. 10, 2024)
alleges violations of the Fair Credit Reporting Act.
The case is assigned to Judge David O. Carter and referred to
Magistrate Judge Douglas F. Mccormick.
TRANS UNION LLC operates as global information and insights
company. The Company offers various credit monitoring, risk
management, marketing, and other related solutions. [BN]
The Plaintiff is represented by:
Youssef H. Hammoud, Esq.
HAMMOUD LAW, P.C.
3744 E. Chapman Ave.,
Orange, CA 92859
Telephone: (949) 301-9692
Facsimile: (949) 301-9693
Email: yh@lawhammoud.com
- and -
Susan M. Rotkis, Esq.
CONSUMER ATTORNEYS
2290 East Speedway Blvd.,
Tucson, AZ 85716
Telephone: (602) 807-1504
Facsimile: (718) 715-1750
Email: srotkis@consumerattorneys.com
UMPQUA BANK: Elizondo Suit Transferred to D. Massachusetts
----------------------------------------------------------
The case styled as Farson Miriam Elizondo, individually and on
behalf of herself and all others similarly situated v. Umpqua Bank,
Case No. 4:23-cv-05441 was transferred from the U.S. District Court
for the Northern District of California, to the U.S. District Court
for the District of Massachusetts on Jan. 10, 2024.
The District Court Clerk assigned Case No. 1:24-cv-10068-ADB to the
proceeding.
The nature of suit is stated as Other P.I.
Umpqua Bank -- http://www.umpquabank.com/-- is a financial holding
company based in downtown Portland, Oregon.[BN]
The Plaintiff is represented by:
Brandon P Jack, Esq.
Gregory Haroutunian, Esq.
ARNOLD LAW FIRM
865 Howe Ave.
Sacramento, CA 95825
Phone: (916) 239-4784
Email: bjack@justice4you.com
gharoutunian@justice4you.com
- and -
Kaleigh N. Boyd, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101
Phone: (206) 682-5600
Email: kpowell@tousley.com
The Defendant is represented by:
Allegra Gorchynski, Esq.
Wesley Douglas Hurst, Esq.
POLSINELLI LLP
2049 Century Park East, Suite 2900
Los Angeles, CA 90067-3221
Phone: (310) 556-1801
Fax: (310) 556-1802
Email: agorchynski@polsinelli.com
whurst@polsinelli.com
- and -
John Cleary, Esq.
POLSINELLI PC
600 Third Avenue, Ste. 42nd Floor
New York, NY 10016
Phone: (212) 413-2837
Email: john.cleary@polsinelli.com
US BORAX INC: Hollifield Suit Removed to C.D. California
--------------------------------------------------------
The case captioned as Brandon Hollifield, on behalf of himself and
all others similarly situated, and the general public v. U.S.
BORAX, INC., a Delaware corporation; RIO TINTO SERVICES, INC., a
Delaware corporation; and DOES 1 through 50, inclusive, Case No.
23STCV29796 was removed from the Superior Court of the State of
California for the County of Los Angeles, to the U.S. District
Court for the Central District of California on Jan. 10, 2024, and
assigned Case No. 2:24-cv-00228.
The Plaintiff's Complaint alleges seven causes of action for
failure to provide meal periods in violation of the California
Labor Code (the "Labor Code"); failure to provide rest periods in
violation of the Labor Code; failure to pay hourly wages and
overtime in violation of the Labor Code; failure to provide
accurate written wage statements in violation of the Labor Code;
failure to timely pay all final wages in violation of the Labor
Code; failure to indemnify in violation of the Labor Code; and
unfair competition in violation of the California Business and
Professions Code (the "UCL").[BN]
The Defendants are represented by:
David A. Wimmer, Esq.
Allison R. Musante, Esq.
Julia Staudinger, Esq.
Swerdlow Florence, Esq.
SANCHEZ SWERDLOW & WIMMER
A Law Corporation
10877 Wilshire Blvd., Suite 1650
Los Angeles, CA 90024
Phone: (310) 288-3980
Facsimile: (310) 733-1727
Email: dwimmer@swerdlowlaw.com
amusante@swerdlowlaw.com
jstaudinger@swerdlowlaw.com
WALDORF-ASTORIA MANAGEMENT: Amaro Labor Suit Removed to C.D. Cal.
-----------------------------------------------------------------
The class action lawsuit captioned as ANGELICA AMARO, an
individual; MICHELLE BAKER, an individual; LAELA DUNCAN, an
individual; INGRID SARDARIAN, an individual; AMY SINGH, an
individual; SYDNEY SURRELL, an individual; v. Waldorf=Astoria
Management LLC, operating as The Waldorf Astoria Beverly Hills;
KEVIN B. Hair and Beauty, LLC; and DOES 1-25, Case No. 23STCV29009
(Filed Nov. 27, 2023), was removed from the Los Angeles County
Superior Court to the United States District Court for the Central
District Of California on Jan. 5, 2024.
The Central California District Court Clerk assigned Case No.
2:24-cv-00139 to the proceeding.
The suit alleges willful misclassification, failure to pay all
wages, willful failure to pay all wages upon separation, failure to
authorize or permit rest breaks and meal periods, failure to
provide paid sick leave, willful failure to provide accurate wage
statements, failure to provide workers' compensation benefits,
failure to maintain written commissions agreement, unlawful
retaliation, failure to reimburse employment related expenses,
unlawful tip-sharing and confiscation of gratuities, and failure to
produce payroll records upon request.
The Plaintiff seeks to represent a proposed Class of:
all current and former hourly, non-exempt employees or
misclassified independent contractors who worked for
the Defendants and were not fully compensated for their
time worked over 40 hours per week at overtime rates
during at least one week and/or did not receive premium
pay to which they were entitled for any missed rest breaks
and/or meal periods, and/or were not timely compensated
for all time worked or while on-call under the Defendants'
control, and/or were not paid the prevailing minimum wage
due to uncompensated work, and/or were not provided with
itemized wage statements detailing the commissions earned
per date and service, and/or did not receive, or timely
receive, all wages owed at separation of their employment
and/or threatened with or subjected to retaliation by
the Defendants during the period beginning four years and
178 days before the filing of the initial Bolos Complaint
and ending when notice to the Class is sent.
Waldorf Astoria operates as a hotel. The Company offers services
and amenities such as golf courses, spa, wedding halls, dining, and
buffet.[BN]
The Defendants are represented by:
Connie L. Chen, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5408
Telephone: (213) 689-0404
Facsimile: (213) 689-0430
E-mail: Connie.Chen@jacksonlewis.com
WELLCARE INTERNATIONAL: Fails to Pay Drivers' OT Wages Under FLSA
-----------------------------------------------------------------
ANTONIO REGAR, individually and on behalf of others similarly
situated v. WELLCARE INTERNATIONAL INC., Case No. 2:24-cv-00192
(D.N.J., Jan. 11, 2024) seeks to recover unpaid overtime
compensation pursuant to the Fair Labor Standards Act and the New
Jersey State Wage and Hour Law.
The complaint asserts that the Plaintiff was paid $25 per hour from
June 2022 until November 23, 2023, and was not paid any overtime
despite working 80 hours per week. The Defendants allegedly
maintained a policy and practice of requiring the Plaintiff and the
FLSA collective employees to work more than 40 hours per week
without providing them with any additional compensation.
By reason of such willful violations, the Plaintiff asserts he is
entitled to recover from the Defendants liquidated damages,
prejudgment and post-judgment interest; and/or attorneys' fees and
costs, pursuant to the FLSA and NJWHL, says the suit.
The Plaintiff was employed by the Defendant at its company located
at 1578 Sussex Turnpike Building 3 & 4, Randolph, NJ 07869, from
June 2022 until November 23, 2023, as a truck driver/delivery.
WellCare is a manufacturer and distributor of disposable clothing,
gloves and small tableware.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12t Floor
New York, NY 10004
Telephone: (212) 203-2417
E-mail: www.StillmanLegalPC.com
WHITE FIR HOLDINGS: Ellison Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against White Fir Holdings,
LLC, et al. The case is styled as Deshaun Marquise Ellison, and on
behalf of all others similarly situated v. White Fir Holdings, LLC,
et al., Case No. 24CV000421 (Cal. Super. Ct., Sacramento Cty., Jan.
11, 2024).
White Fir Holdings LLC practices as a Skilled Nursing Facility
provider.[BN]
WILLIAM ALBRECHT: Gilbert Sues Over Breach of Fiduciary Duty
------------------------------------------------------------
Eric Gilbert, on behalf of himself and all other similarly situated
stockholders of Halliburton Company v. WILLIAM ALBRECHT, ABDULAZIZ
AL KHAYYAL, KATHERINE BANKS, ALAN BENNETT, MILTON CARROLL, EARL
CUMMINGS, MURRAY GERBER, ROBERT MALONE, JEFFERY MILLER, BHAVESH
PATEL, MAURICE SMITH, JANET WEISS, TOBI EDWARDS YOUNG (the Board),
and HALLIBURTON COMPANY, Case No. 2024-0035- (Del. Chancery Ct.,
Jan. 12, 2024), is brought against the Company and the individual
members of its board of Directors seeking declaratory relief
invalidating certain provisions of the Company's Restated Advance
Notice Bylaw and also asserts a claim for breach of fiduciary duty
against the Director Defendants.
Delaware law reserves to stockholders the right to remove
directors. Delaware law does not permit directors to remove other
directors since to do so would subvert stockholders' fundamental
right to elect directors. The Board has subverted this prohibition
in two separate provisions (the "Challenged Provisions") of the
Bylaws. The Challenged Provisions effectively give the Board the
power to remove directors and improperly impinge on the
stockholders' right to elect directors of their choosing.
The Challenged Provisions are contrary to Delaware law, including
the equitable principles that give rise to the stockholders' right
to remove directors and the prohibition on directors removing other
directors, and the rights given to stockholders by 8 Del. C.
Section 211. The Challenged Provisions subvert stockholders' right
to elect directors of their choosing and impermissibly arrogates
rights to the Board that are reserved for stockholders.
Absent the relief requested herein, the Challenged Provisions will
continue to impinge on stockholders' fundamental right to elect
directors of their choosing, says the complaint.
The Plaintiff is, and has continuously been, a Halliburton
stockholder since at least January 26, 2022.
Halliburton is one of the world's largest providers of products and
services to the energy industry.[BN]
The Plaintiff is represented by:
Joseph L. Christensen, Esq.
CHRISTENSEN & DOUGHERTY LLP
1000 N. West Street, Suite 1200
Wilmington, DE 19801
Phone: (302) 212-4330
- and -
Abbott Cooper, Esq.
ABBOTT COOPER PLLC
1266 East Main Street, Suite 700R
Stamford, CT 06902
- and -
D. Seamus Kaskela, Esq.
Adrienne Bell, Esq.
KASKELA LAW LLC
18 Campus Boulevard, Suite 100
Newtown Square, PA 19073
Phone: (888) 715-1740
WIS INTERNATIONAL: Samuels Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Wis International,
Inc., et al. The case is styled as Kenton Samuels, on behalf of
himself and all others similarly situated v. Wis International,
Inc., et al., Case No. 24CV000311 (Cal. Super. Ct., Sacramento
Cty., Jan. 10, 2024).
WIS International -- https://wisintl.com/ -- is a leading global
inventory and data collection services companies.[BN]
WRIGHT TREE SERVICE: Morales Suit Removed to N.D. California
------------------------------------------------------------
The case captioned as Joaquin Morales, as an individual and on
behalf of all others similarly situated v. WRIGHT TREE SERVICE OF
THE WEST, INC.; an Iowa corporation; and DOES 1 through 100, Case
No. CV0001290 was removed from the Superior Court of the State of
California for the County of Orange, to the U.S. District Court for
the Western District of Washington on Jan. 11, 2024, and assigned
Case No. 3:24-cv-00216-LB.
In his Complaint, Plaintiff asserts the following nine causes of
action on behalf of himself and a class of individuals he seeks to
represent: Minimum Wage Violations (Complaint); Failure to Pay All
Overtime Wages; Failure to Pay Reporting Time Pay; Meal Period
Violations; Rest Period Violations; Failure to Reimburse For All
Necessary Business Expenditures; Wage Statement Penalties; Waiting
Time Penalties; Unfair Business Competition.[BN]
The Defendants are represented by:
Mia Farber, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5408
Phone: (213) 689-0404
Facsimile: (213) 689-0430
Email: Mia.Farber@jacksonlewis.com
- and -
Benjamin J. Schnayerson, Esq.
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111-4615
Phone: (415) 394-9400
Facsimile: (415) 394-9401
Email: Ben.Schnayerson@jacksonlewis.com
- and -
Isabella L. Shin, Esq.
JACKSON LEWIS P.C.
160 W. Santa Clara St., Suite 400
San Jose, CA 95113
Phone: (408) 579-0404
Facsimile: (408) 454-0290
Email: Isabella.Shin@jacksonlewis.com
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S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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